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Bengaluru Feb 22 PTI The Karnataka government on Tuesday told the High Court that there is no restriction on wearing Hijab in India with reasonable restrictions subject to institutional discipline and dismissed the charge that denial to wear the headscarf was a violation of Article 15 of the Constitution which prohibits discrimination of every sort Countering the petitioner Muslim girls from Udupi district who challenged the restriction on Hijab inside the educational institutions Karnataka Advocate General Prabhuling Navadgi said the right to wear the headscarf falls under the category of 191A and not Article 25 as has been argued by the petitioners The right to wear Hijab falls under Article 191A and not Article 25 If one wishes to wear Hijab then there is no restriction subject to the institutional discipline The rights claimed under Article 191A is related to Article 192 where the government places a reasonable restriction subjected to institutional restriction Navadgi told the full bench of the Karnataka High Court The full bench of Chief Justice Ritu Raj Awasthi Justice J M Khazi and Justice Krishna M Dixit is hearing a batch of petitions seeking permission to wear Hijab inside the classroom Navadgi further said the institutional restriction in the present case is only inside the educational institutions and not anywhere else Arguing further he said the independent claim of 191A cannot go together with Article 25 The consequence of the demand to declare Hijab as an essential religious practice is huge because there is an element of compulsion or else you will be expelled from the community Navadgi told the court Article 191A is related to the freedom of expression of the Indian constitution Article 192 says that nothing in sub clause a of clause 1 shall affect the operation of any existing law or prevent the State from making any law in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India the security of the State friendly relations with foreign States public order decency or morality or in relation to contempt of court defamation or incitement to an offence Article 25 deals with freedom of conscience and free profession practice and propagation of religion and says that subject to public order morality and health and to the other provisions of this part all persons are equally entitled to freedom of conscience and the right freely to profess practise and propagate religion Further the AG dismissed the charge that denial to wear Hijab was a violation of Article 15 of the Constitution which prohibits discrimination of every sort There is no discrimination whatsoever as has been claimed invoking under Article 15 These are bland allegations Navadgi argued Article 15 prohibits discrimination on grounds of religion race caste sex or place of birth Stating that dignity of women is paramount Navadgi winded up his argument quoting the famous number from 1967 Hindi movie Hamraaz -- Na Munh Chhupa Ke Jiyo Na Sar Jhuka Ke Jiyo Ghamo Ka Daur Bhi Aye To Muskara Ke jiyo Neither live hiding your face nor bow down Even in trying times live with a smile The song was penned by Sahir Ludhianvi and sung by Mahendra Kapoor Meanwhile the bench said it wishes to dispose of the case this week itself and sought the cooperation of all the parties involved As soon as the court proceedings began a lawyer appearing for the petitioner girls requested the bench for some relaxation to the Muslim girls who wish to appear in the schools and colleges with Hijab The Chief Justice said We want to finish this case this week itself Make all endeavours to finish this case by the end of this week On January one six girl students of a college in Udupi attended a press conference held by the Campus Front of India CFI in the coastal town protesting against the college authorities denying them entry into classrooms wearing hijab This was four days after they requested the principal permission to wear hijab in classes which was not allowed Till then students used to wear the headscarf to the campus but entered the classroom after removing it college principal Rudre Gowda had said The institution did not have any rule on hijab-wearing as such and since no one used to wear it to the classroom in the last 35 years The students who came with the demand had the backing of outside forces Gowda had said PTI GMS RS SA SA

Bengaluru Feb 22 PTI The Karnataka government on Tuesday told the High Court that there is no restriction on wearing Hijab in India with reasonable restrictions subject to institutional discipline Countering the petitioner Muslim girls from Udupi district who challenged the restriction on Hijab inside the educational institutions Karnataka Advocate General Prabhuling Navadgi said the right to wear the headscarf falls under the category of 191A and not Article 25 as has been argued by the petitioners The right to wear Hijab falls under Article 191A and not Article 25 If one wishes to wear Hijab then there is no restriction subject to the institutional discipline The rights claimed under Article 191A is related to Article 192 where the government places a reasonable restriction subjected to institutional restriction Navadgi told the full bench of the Karnataka High Court The full bench of Chief Justice Ritu Raj Awasthi Justice J M Khazi and Justice Krishna M Dixit is hearing a batch of petitions seeking permission to wear Hijab inside the classroom Navadgi further said the institutional restriction in the present case is only inside the educational institutions and not anywhere else Arguing further he said the independent claim of 191A cannot go together with Article 25 The consequence of the demand to declare Hijab as an essential religious practice is huge because there is an element of compulsion or else you will be expelled from the community Navadgi told the court Article 191A is related to the freedom of expression of the Indian constitution The Article 192 says that nothing in sub clause a of clause 1 shall affect the operation of any existing law or prevent the State from making any law in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India the security of the State friendly relations with foreign States public order decency or morality or in relation to contempt of court defamation or incitement to an offence Article 25 deals with freedom of conscience and free profession practice and propagation of religion and says that subject to public order morality and health and to the other provisions of this part all persons are equally entitled to freedom of conscience and the right freely to profess practise and propagate religion On January one six girl students of a college in Udupi attended a press conference held by the Campus Front of India CFI in the coastal town protesting against the college authorities denying them entry into classrooms wearing hijab This was four days after they requested the principal permission to wear hijab in classes which was not allowed Till then students used to wear the headscarf to the campus but entered the classroom after removing it college principal Rudre Gowda had said The institution did not have any rule on hijab-wearing as such and since no one used to wear it to the classroom in the last 35 years The students who came with the demand had the backing of outside forces Gowda had said PTI GMS RS SA SA

Bengaluru Feb 18 PTI The Karnataka government on Friday contended before the Karnataka High Court that the hijab is not an essential religious practice of Islam and preventing its use did not violate Article 25 of the Indian Constitution which guarantees religious freedom The states Advocate General Prabhuling Navadgi told the full bench of the High Court comprising Justice Awasthi Justice J M Khazi and Justice Krishna M Dixit that the practice of wearing hijab should also pass the test of constitutional morality as interpreted in various Supreme Court judgments including the Sabrimala case We have taken a stand that wearing Hijab is not an essential religious part of Islam Navadgi told the HC bench AG Navadgi also rejected the charge of the girls who challenged the Karnataka governments order on February 5 which restricted students from wearing hijab or saffron scarves saying that it violated Article 25 of the Constitution Article 25 gives freedom of conscience and free profession practice and propagation of religion to the citizens of India If somebody wishes to exercise the right to freedom of religion it has to be seen if this exercise affects public order health and morality Navadgi contended To buttress his point he said during the COVID-19 pandemic all the religious places were shut and the purpose for keeping the places closed was public health In terms of Hijab it has to be tested in terms of morality health and public order The government order also does not violate 191A Navadgi argued Article 191a of the Constitution guarantees to all its citizens the right to freedom of speech and expression The Advocate General also contended that the February 5 order of the state government was in accordance with the law and there was nothing to object In view of the hijab-versus-saffron scarves row the bench had passed an interim order earlier restraining students from wearing them on the campus till the final order was passed According to the AG the practice of hijab should pass the test of constitutional morality and individual dignity as expounded by the Supreme Court in the Sabrimala and Shayara Bano cases Navadgi told the court that the uniform was in place in Udupi government pre-university college for girls since 2018 However the difficulty began in December last year when some students approached the principal and insisted that they should be allowed to attend classes with hijab Accordingly the parents were called and told that the uniform norm was there since 1985 which the students need to follow but the girls did not agree and decided to protest The AG also stated that when the government learnt about the incident it said it will constitute a high-level committee with a request not to escalate the problem further However till then the issue had spread to other compelling government to pass an order on February 5 restricting the use of any cloth that could disturb peace harmony and law and order Navadgi told the court that the order was innocuous in nature which did not affect the petitioners rights but said the students should wear uniform prescribed by the College Development Committee which has got autonomy by the government Referring to the government order he said the uniform should be in accordance with unity and equality The AG underlined that the governments conscious stand is that it did not want to intervene in religious matters and that was the reason that it did not use the word hijab in its order He also said the petitioners calling the innocuous order communal was wrong Responding to Prof Ravi Varma Kumars argument that the College Development Committee under an MLA who is a politician was illegal as it has extra-statutory authority Navadgi said none of the colleges have ever challenged before the court against the CDCs because it is of a representative character On January 1 six girl students of a college in Udupi attended a press conference held by Campus Front of India CFI in the coastal town protesting against the college authorities denying them entry into the classroom by wearing Hijab This was four days after they requested the principal permission to wear hijabs in classes which was not allowed Till then students used to wear hijab to the campus and entered the classroom after removing the scarves the college principal Rudre Gowda had said The institution did not have any rule on hijab-wearing as such and since no one used to wear it to the classroom in the last 35 years The students who came with the demand had the backing of outside forces Gowda had said PTI GMS GMS HDA HDA