HIJAB CASE JUDGEMENT

hijab case

KARNATAKA HIJAB CASE

The Karnataka High Court upheld the GO (Government Order) effectively Banning the wearing of Hijab by Muslim Girl students in Educational Institutions.

The Judges opined that Hijab is not an essential religious practice of Islam and the requirement of uniform is a reasonable restriction on the fundamental right to freedom of expression under Article 19(1)(a) of the Indian Constitution. The Court also said that the Government has the power to pass GO and no case is made out for its invalidation.

This petition was filed by Muslim girl students from various colleges of Karnataka before the High Court when they were denied wearing Hijab in educational institutions.

During the hearing, the Court had passed an interim order directing the students not to wear Hijab, saffron shawl, or any religious flags while attending classes in educational institutions.

However, in today’s hearing, the Court believed that wearing of Hijab by Muslim women does not form Essential Religious Practice in the Islamic faith and the Government Order is not violative of any of their rights and ‘no case can be made out for the issuance if disciplinary proceedings against respondents and writ of quo warranto are not maintainable’ as well. So, all writ petitions being devoid of merits are dismissed.

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