The Hijab verdict in a nutshell

PTI, Mar 15, 2022, 7:16 PM IST

Bengaluru: Following are the highlights from the Karnataka High Court verdict dismissing petitions filed by some Muslim girls from Udupi Government Pre-University Girls’ College seeking permission to allow wear Hijab in the classrooms.

* Wearing of Hijab by Muslim women does not form a part of Essential Religious Practice in Islamic faith.

* No material placed on record to prima facie show that wearing of Hijab is a part of an essential religious practice in Islam.

* It is not that if the alleged practice of wearing hijab is not adhered to, those not wearing hijab become the sinners, Islam loses its glory and it ceases to be a religion.

* The idea of schooling is incomplete without teachers, education and a uniform.

* The prescription of school uniform is only a reasonable restriction constitutionally permissible which the students cannot object to.
* Moghuls or British did not bring uniform but it was there since the ancient ‘Gurukul’ days.

* Several Indian scriptures mention Samavastra or Shubhravesh in Samskrit, the English near equivalent for uniform.

* The school uniform ceases to be uniform if Hijab of same colour is allowed. There shall be two categories of girl students — those with hijab and those without it.

* Two categories of girl students will establish a sense of ‘social-separateness’, which is not desirable.

* The aim of the regulation is to create a “safe space” where such divisive lines should have no place.

* Adherence to dress code is a mandatory for students.

* The government has power to issue the order banning clothes that could disturb peace, harmony and public order and no case is made out for its invalidation.

* No case made out for initiating disciplinary enquiry against the college, its principal and a teacher for restricting the girls from attending classes putting on Hijab.

* Petitions dismissed as they were devoid of merits.