3 years ago
The Karnataka High Court today adjourned hearing in petitions filed by Muslim girls studying in government pre-university colleges in Udupi against the government ban on Hijabs in classrooms. The court will resume hearing the pleas on Friday, after state advocate general Prabhuling Navadgi sought time to respond to the petitions.
The arguments in the case come amid simmering tension in Karnataka where late last year, students were prevented from wearing the Muslim headscarf, sparking protests and counter demonstrations involving saffron scarves that have since spread to other states.
In an attempt to calm tensions, Karnataka's state government temporarily closed schools last week but have been opening gradually over the last two days. The Karnataka High Court has imposed a temporary ban on the wearing of all religious symbols in schools while it considers the headscarf ban.
Here are the Highlights on the Hijab Row:
Congress Protest Seeking Minister's Resignation Mars Karnataka Assembly Proceedings
Protests by the Congress demanding sacking of Rural Development and Panchayat Raj Minister KS Eshwarappa and that he be charged for sedition, for his statement on the national flag, continued to rock the Assembly proceedings in Karnataka for the second consecutive day on Thursday.
While the Congress has decided to hold 'day-and-night' protests to take the issue to a "logical end", Mr Eshwarappa said he won't quit.
Mr Eshwarappa said there is no question of him resigning for any reason, and he is a patriot who had gone to jail during emergency.
"Let them protest, I won't budge," he said, and demanded that state Congress chief DK Shivakumar resign, accusing him and his party of 'misusing' the national flag for protests.
Allow Hijab During Ramzan: Fresh Appeal In Karnataka High Court Allow Students To Wear Hijab At Least On Fridays, Says Petitioner
Counsel Vinod Kulkarni, appearing on behalf of the Muslim girls requested the bench to allow students to wear Hijab to schools on Fridays. He said, "Friday is jumma. Please, for now, allow the students to wear the hijab on Fridays at least. This interim order is creating mass hysteria."
Hijab Row: High Court Asks Senior Advocate AM Dar To Withdraw His Current Petition
Hijab matter | Sr Adv AM Dar, representing 5 girl students, says before Karnataka HC- Govt order on hijab will affect her clients who put hijab. The order is unconstitutional, he adds.
- ANI (@ANI) February 17, 2022
Court asks Dar to withdraw his current petition & grants him the liberty to file a fresh one
Hijab Row: Karnataka High Court adjourns the hearing for Friday, 2.30 pm
Hijab row limited to only 8 high schools and pre-university colleges in Karnataka: Government
The hijab row persists only in eight high schools and pre-university colleges of the total 75,000, the Karnataka government said on Thursday, expressing confidence of resolving the issue.
However, the controversy refuses to die down as some students remained adamant to be allowed to attend classes with 'Hijab' and 'Burqa' on Thursday as well.
The hijab row persists only in eight high schools and pre-university colleges of the total 75,000, the Karnataka government said on Thursday, expressing confidence of resolving the issue.
The High Court, in its interim order pending consideration of all petitions related to the hijab row, last week restrained all the students from wearing saffron shawls, scarves, hijab and any religious flag within the classroom.
However, the controversy refuses to die down as some students remained adamant to be allowed to attend classes with 'Hijab' and 'Burqa' on Thursday as well.
Dar : I will file affidavit. Because they are studying. We are regular students in Bangalore.
J Dixit : You should state which petitioner is studying in which college. This is an important matter. We have adopted the provisions of CPC. It requires all material particulars to be pleaded. You have not pleaded, which school you are studying, which school has prevented.
Justice Dixit : Please read.
Dar : Please see...one sec
J Dixit : You are wasting precious time.
Dar : I have said it.
J Dixit : Please read.
Justice Dixit : This is not a PIL?
Dar : This is a petition filed by affected students.
J Dixit : Which institutions they are studying? Where have you stated the institution prevented?
Dar : I have given all details.
Now Senior Adv AM Dar makes submissions.
"This GO is unconstitutional and cryptic in nature".
CJ : First let us understand your locus.
Dar : We are five girls, students studying in colleges, we are going to be affected. We are putting hijab.
Dr Kulkarni : I am a devout Brahmin myself.... my submission is it may amount to the banning of Quran. My submission is that please pass an order today to allow wearing of hijab on Friday and ensuing Ramzan.
Dr Kulkarni again cites Lata Mangeshkar song "Kuch Pakar Kuch Khona hain".
CJ : Can you show it where in Quran it is stated?
Kulkarni : Right now I cannot, but much has been said about it. Banning hijab tantamouts to banning Quran.
Kulkarni refers to Lata Mangeshkar song "kuch Pakar kuch khona hai..."
Kulkarni says there are 5 duties for a Muslim.
CJ : You want them to be allowed hijab on Fridays? CJ: We will consider what you argue.
CJ : In prayer A, you say students should wear stipulated uniform. Prayer b you say allow to wear uniform with hijab.
Kulkarni : Hijab is part of the uniform my lords.
CJ : Read your prayers.
Kulkarni reads.
Chief Justice : You want a declaration that whatever uniform has prescribed they shall wear that uniform. Your prayers are contradictory.
CJ : What is your relief?
Kulkarni : Interim relief I am claiming is that pass an order to let Muslim girls sport Hijab at least on Friday, on Juma day, most auspices day for Muslims and the holy month of Ramzan, which is coming soon.
Kulkarni : I have made all declarations as per the Rules.
Bench going through the papers.
Now Dr Vinod Kulkarni makes submissions as party in person.
"This hijab issue is creating a hysteria and is affecting the mental health of Muslim girls. As per preamble of constitution, guarding health is duty of the state"
CJ : This PIL is also not as per HC rules.
Bench dismisses the PIL.
Kotwal: I have filed many petitions and this is the first time my petition has been dismissed on grounds of maintainability.
Justice Dixit : New rules have been framed after your petitions may have been filed.
CJ to Kotwal: Your petition is not as per the rules.
Kotwal : It is an important matter, let us not get into technicalities. Provide me 3-4 minutes.
Justice Dixit : Rule 14 is not technicality.
CJ : We will dismiss your petition with costs. You are testing our nerves.
CJ : We will dismiss this petition. It is not maintainable.
Kotwal : I will highlight one more convention and will conclude.
CJ : Sorry mister, we cannot permit you to argue. It is not maintainable.
The High Court bench points out that the paragraph refers to something else.
Justice Dixit: With such petitions, you are wasting the time of the court in such an important matter. This much we should see. Pagination is not proper!
CJ : Are you aware of the PIL rules? Have you made the declaration as per the rules?
Kotwal says yes. Points to a paragraph in the petition.
Kotwal: Petition is a social activist, RTI activist, who has assisted this honourable court in number of PILs.
CJ : We don't need your assistance.
Chief Justice : Will you listen to court also? First show your bonafides, who are you?
Kotwal: I am bringing to the notice of the court the innternational treaties
CJ : We can't permit to argue like this without listening to court. Who are you?
CJ: What is your contention?
Kotwal: Action of the State is not in consonance with International Treaties and Conventions.
Kotwal: Resdspondents action is creating arbitrary discrimination solely on the basis of religion and gender, they are violating right to education solely on the basis of religious headgear the Hijab.
Kotwal submits that apart from Articles 14, 15 and 25, the State's action also violates Article 51(c) -foster respect for international law and treaty obligations. Kotwal refers to the Universal Declaration of Human Rights.
Adv Rahamathulla Kotwal is now making submissions.
Next petition is being taken.
CJ to counsel: We will give you a day's time to clear the objections. Put up tomorrow.
Advocate General : This petition is an abuse of process. There is a direction to a respondent who is not made a party.
CJ to counsel : You have not paid court fees. There is a deficit of Rs 300. You have filed petition on Feb 8 and till now you have not paid court fees. How can you say you were not given opportunity? Objections were notified.
A new petition is being taken.
CJ: Four petitions are heard. Four are left. We don't know how much more time do you'll need. We cannot give so much time.
Adv Shadad Farast: We have filed an IA. The only issue we want to flag is that United Nations Conevention of Child to which India is a signatory recognizes some rights.
Chief Justice: We fail to understand the concept of intervention applications. We were hearing petitioners & then respondents. If we require we will take your assistance. You should not as a matter of right ask to be heard. We don't need intervention of anybody
Adv Shadad Farast: We have filed an IA. The only issue we want to flag is that United Nations Conevention of Child to which India is a signatory recognizes some rights.
Chief Justice: We fail to understand the concept of intervention applications. We were hearing petitioners & then respondents. If we require we will take your assistance. You should not as a matter of right ask to be heard. We don't need intervention of anybody
Adv Aditya Chatterjee mentions a new petition filed.
AG: Two petitions have now been served, which do not show cause of action. The petitioners are from private institutions.
In an attempt to calm tensions, Karnataka's state government temporarily closed schools last week but have been opening gradually over the last two days.
The Karnataka High Court has imposed a temporary ban on the wearing of all religious symbols in schools while it considers the headscarf ban.
The arguments in the case come amid simmering tension in Karnataka where late last year, students were prevented from wearing the Muslim headscarf, sparking protests and counter demonstrations involving saffron scarves that have since spread to other states.
