Karnataka's Hijab row played out for the fourth day in the High Court on Wednesday, with the Chief Justice hearing arguments from Muslim girls who have challenged restrictions on wearing the religious headscarves in classrooms.
Arguing on behalf of petitioners, advocate Ravi Varma Kumar asked the judges why the Hijab was being singled out when there were "hundreds of religious symbols from dupattas, bangles, turbans, crosses and bindis" worn by people every day.
Even as the Karnataka High Court hears arguments on allowing religious clothing in educational institutions, another government college in the state has turned into a site of protest for sending away students who insisted on wearing the hijab (headscarf) in classrooms. The Government PU college at Vijayapura in north Karnataka, which allowed hijabs earlier, did not allow students wearing hijabs to enter the classrooms today. The college administration argued that they were only following interim orders of the court, which had allowed schools and colleges to resume only on the condition that no religious clothing be allowed in classrooms. The students, however, say the college did not inform them that they would not be allowed in hijabs or burkhas.
Dramatic visuals from the college show some students who had entered the classroom in hijabs and burkhas arguing with the teacher and the Principal of the school requesting them to follow the court order.
"We are in accordance with the High Court's order that says no religious garment, whether hijab or saffron shawls, will be allowed inside educational institutions," the Principal can be heard saying.
After a squabble, a separate space inside the college was allotted to these students to take off their hijabs and burkhas, and enter the classrooms.
The Principal had stopped these students at the entrance of the college but they forced their way in and protested against being denied entry.
After they were asked to leave, the students protested by raising slogans of "we want justice" and expressing their anguish to the media present at the spot.
Some women police personnel could also be seen at the spot in the videos from the college.
On February 14, students at some Karnataka schools were directed to remove their hijabs before entering the campus, in accordance with an interim High Court order that said educational institutions could re-open (after having been shut last week) but no religious clothing would be allowed.
Videos of women being asked to remove their religious clothing in the open had caused a massive outcry on social media with many calling it a "humiliating" experience.
Controversy over Muslim students barred from wearing the hijab began in December after six girls from Karnataka's Udupi district voiced their concerns. They then approached the High Court.
Since then it has snowballed into a significant matter, with the Supreme Court also approached.
However, Chief Justice of India NV Ramana said: "We will interfere only at an appropriate time."
Protests have escalated rapidly over the past few weeks; last week a young student in Mandya was heckled by saffron-waving male aggressors shouting 'Jai Shri Ram'.
Separately there were also incidents of stone-throwing and police firing teargas to break up crowds.
Here are the Live updates on Hijab Row:
CJ says no interventions are being permitted.
Muchhala: I belive these arguments are at the interim stage and not final stage. There is some confusion in my mind. Please forgive me for asking this.
CJ : You people have started arguing and we have started hearing.
Muchhala continues. He refers to Modern Dental College case (2016) 7 SCC 353.
Mucchala : Give me 10 mins more.
CJ : We have already noted. If you want to elaborate, give it in writing.
Mucchala : Give me 10 mins tomorrow. I will not take more than that.
CJ : Alright Mr. Yusuf, we have understood what you are saying. You will be able to finish today. Any other point to elaborate?
Mucchala seeks some time tomorrow to argue on proprotionality.
Mucchala : The belief has to be protected.
Muchhala: They are only putting one apron over their head. When we say uniform, we cannot strictly confine to dress code. What was the practice adopted at school has to be seen. It has been changed without notice.
CJ : Whether it is part of uniform?
Mucchala : If a girl is wearing glasses, can it be insisted that it is not part of the uniform? You cannot take it so strictly.
Mucchala : Manifest arbitrariness.
CJ : Alright.
Muchhala : I speak from Bombay, there is some problem, getting too much echo.
CJ : We are hearing you. You are audible.
The social democratic party of India (SDPI) on Wednesday charged the BJP with 'sponsoring' and 'promoting' the hijab-saffron shawl issue in educational institutions in Karnataka, reported PTI.
Addressing reporters, SDPI state general secretary B R Bhaskar Prasad alleged that the entire issue is a 'criminal act' sponsored by the BJP government in the state.
Noting that the constitution never barred Muslim women wearing hijab, he alleged that the issue was created by a college principal which was later taken up by the Sangh Parivar outfits.
Kumar : She can apply for exemption. That analogy may not be applicable here. It is a humanitarian case which will be considered
Kumar : Hijab is worn only by Muslims. Ghoongats are permitted. Bangles are permitted.
Justice Dixit interjects: Unless the authenticity of paper is established we cannot go by what it says.
Justice Dixit : What is the authority and authenticity of the paper? What is the representative sample?
Justice Dixit : That should not happen in this case.
J Dixit : Was it struck down?
Kumar : I myself argued it. Orde stayed.
Kumar : Supervisions over students is called police powers.
Justice Dixit : Judicial opinion is different. It is termed parental power not police power.
CJ: You says that CDC has no power to prescribe uniform.
Kumar : Right.
Kumar : By no stretch of imagination, uniform cannot be related to academic standards. CDC cannot have police power over students.
Kumar : With great respect, academic standards have no relation with unfirom. Academic standards deal with student-teacher, syllabus etc. CDC cannot have police powers over the students.
"This is a circular, not an order, issued by the under secretary, not even an order in the name of the Govt" - he says.
The question that comes then is under what authority or rules I have been kept out of the class.
Justice Dixit: You are pressing this instrument. We want to know what is its legal status, if you want to bank upon it.
Kumar : This is in the nature of a guideline issued by Dept for all PU Colleges under it.
CJ : It cannot be a regulation.
Kumar : It is not a rule. But it gives a statement of fat that no uniform is prescribed (for PU colleges).
Kumar : Yes.
CJ : What is this document?
Kumar : These are the guidelines issued by Govt Dept, namely PU Education Dept, for the academic year 2021-22
He refers to the rule which says that educational institution should give one-year advance notice to parents for changing uniform.Referring to rule,If there was to be a ban on hijab, the notice ought to have been given one year in advance.
Prof Ravi Verma Kumar Sr Adv now resumes submissions. He is referring to the Education Act.
AM Dar Sr Adv says Senior Advocates be given priority.
Adv Raj: Because it involves a constitutional issue, please permit intervenors for at least five min
CJ : Petitioners are represented by senior lawyers.
Advocate General : I would support that.
Adv Subhash Jha: This is the fourth day, every lawyer is capable of arguing for hours. The submission is that issue which the lordships is to decide is not res-integra. Let it be decided as expeditiously as possible.