All students must avoid wearing the hijab, saffron shawls or any religious clothing in class "until further orders", the Karnataka High Court said in an interim order while hearing a petition challenging a "dress code" by some colleges restricting hijabs in class. The order is only for colleges that have specified a uniform or dress code.
"We request the State Government and all other stakeholders to reopen the educational institutions and allow the students to return to the classes at the earliest. Pending consideration of all these petitions, we restrain all the students regardless of their religion or faith from wearing saffron shawls (Bhagwa), scarfs, hijab, religious flags or the like within the classroom, until further orders," said the bench headed by Chief Justice Ritu Raj Awasthi.
The High Court said it is pained by "the ongoing agitations and closure of educational institutions since the past few days (sic)".
It said the court is aware of the case and important issues of constitutional significance and personal law are being seriously debated.
"It hardly needs to be mentioned that ours is a country of plural cultures, religions and languages. Being a secular state, it does not identify itself with any religion as its own. Every citizen has the right to profess and practise any faith of choice, is true. However, such a right not being absolute is susceptible to reasonable restrictions as provided by the Constitution of India. Whether wearing of hijab in the classroom is a part of essential religious practice of Islam in the light of constitutional guarantees, needs a deeper examination," said the order.
"Ours being a civilized society, no person in the name of religion, culture or the like can be permitted to do any act that disturbs public peace and tranquillity. Endless agitations and closure of educational institutions indefinitely are not happy things to happen."
The High Court said extending academic terms would be detrimental to students, given the timeline for their admission to higher studies.
"The interest of students would be better served by their returning to the classes than by the continuation of agitations and consequent closure of institutions. The academic year is coming to an end shortly. We hope and trust that all stakeholders and the public at large shall maintain peace and tranquillity," said the High Court.
The High Court's order has been challenged by a student before the Supreme Court, which today rejected an urgent hearing on it and said, "We will interfere only at an appropriate time."
The student had argued in her petition that the High Court's order banning religious dressing for now violates her constitutional rights.
"Please do not spread it to larger levels. We know what is happening. Think it over, is it proper to bring these things to Delhi? The national level? If there is anything wrong, we will protect rights..." Chief Justice NV Ramana said.
Schools and colleges were shut down earlier this week in an escalating row over hijab restrictions in class. The protests that began against a hijab ban in one government-run college in Udupi spread to many other campuses where girls wearing headscarves were not allowed entry. As saffron scarf-wearing students launched rival protests, violence at one college forced the police to fire teargas to control the flare-up.
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