Hijab case: Minority bodies, several parties term verdict 'deeply disappointing', 'anti-constitutional'

Several political parties and minority organisations frowned upon the Karnataka High Court's decision to uphold the ban on hijab in educational institutions in the state on Tuesday, terming it "deeply disappointing", "contrary to constitutional guarantees of equality" and "adversely impacting" religious freedom and education of Muslim girls.

The order, however, found favour with many BJP leaders who hailed it saying the entire debate on the issue should be seen from the context of women empowerment.

Kerala Governor Arif Mohammed Khan also welcomed the court ruling and expressed hope that "such continuous attempts to push back young Muslim women into the four walls of a house, fail".

A three-judge full bench of the high court said hijab was not part of the essential religious practice in Islamic faith and effectively upheld the ban against the headscarf in educational institutions in Karnataka by dismissing pleas from Muslim girls seeking nod to wear it in classrooms.

The court said the prescription of school uniform is only a reasonable restriction, constitutionally permissible which the students cannot object to.

The matter soon reached the Supreme Court with a student, who was one of the petitioners before the high court, filing a plea challenging the verdict.

In the plea filed in the top court, the petitioner said the high court has "erred in creating a dichotomy of freedom of religion and freedom of conscience wherein the court has inferred that those who follow a religion cannot have the right to conscience".

"The high court has failed to note that the right to wear a hijab comes under the ambit of the right to privacy under Article 21 of the Constitution of India. It is submitted that the freedom of conscience forms a part of the right to privacy," it said.

Read | Hijab row reaches Supreme Court, plea filed challenging Karnataka High Court verdict

Reacting to the high court verdict, prominent Muslim body Jamiat Ulema-e-Hind expressed deep disappointment and said the ruling would have adverse impact on religious freedom and education of Muslim girls.

Maulana Mahmood Madani, president, Jamiat Ulema-e-Hind (Mahmood Madani faction) asserted that no society is governed only by legal nuances on issues in which traditional and social values matter. In a statement, the Jamiat chief said this verdict would have many negative implications, especially on the education of Muslim girl students as they would lose their right to choice and their confidence in the "present communal atmosphere".

The Congress said the onus of ensuring education of the girl child and maintaining peace and harmony lies on the BJP government led by Chief Minister Basavaraj S Bommai.

Congress general secretary and chief spokesperson Randeep Surjewala said the Karnataka government should ensure that none is allowed to vitiate the atmosphere in schools and colleges and peace is not sacrificed for BJP's agenda of polarisation on communal lines.

He said the matter is pending before the Supreme Court and all should await its verdict.

Karnakata Congress president DK Shivakumar said his greatest concern in the hijab controversy is education, and law and order.

Congress spokesperson Shama Mohamed said she fails to understand how, wearing a hijab (scarf over the head) violates the uniform of a school/college.

In Jammu and Kashmir, political parties and religious organisations called the high court ruling "deeply disappointing", saying it was not only about religion but the freedom to choose.

Taking to Twitter, PDP president Mehbooba Mufti said, "Karnataka HC's decision to uphold the Hijab ban is deeply disappointing. On one hand we talk about empowering women yet we are denying them the right to a simple choice. Its isn't just about religion but the freedom to choose."

National Conference leader Omar Abdullah said it was a "travesty" that the court did not uphold the basic right of a woman to choose how she wants to dress.

Sajad Lone-led Jammu and Kashmir People's Conference said in a tweet, "Karnataka High Court upholds decision on #HijabBan. The already growing imbalance in country further erodes individual's belief in the idea of India & is impacting democracy."

"The resulting fatalism causes maximum people to give up on democracy, & alienation grows further," it said.

Meanwhile, Muttahida Majlis-e-Ulema (MMU) ? an amalgam of various religious organisations, which is headed by Hurriyat Conference chairman Mirwaiz Umar Farooq, regretted the court decision, terming it "twisted".

The MMU said it is interference in the religious matters of Muslims and the Muslim personal law.

BJP leaders including Union minister Pralhad Joshi, who hails from Karnataka, and former law minister Ravi Shankar Prasad, welcomed the verdict. Joshi appealed to the people to maintain peace and harmony.

Prasad said basic argument in favour of hijab is that wearing it is freedom of expression and it is a fundamental right, adding "but the court prima facie has found that the same article 19 (2) of the fundamental right also provides for reasonable restrictions."

The Campus Front of India said the "court verdict on Hijab ban destructs the fundamental rights enshrined in the Constitution".

"The BJP regime is trying to implement their agenda and dehumanise a community and the High Court verdict can now be a catalyst for their polarising agenda," CFI said in a statement uploaded on Twitter.

"It is an alarming sign that the judiciary interprets religious texts...We will never accept this anti-constitutional verdict and will continue all efforts to protect the constitution and individual rights," it added.

Popular Front of India insisted hijab was an integral part of Islam and that courts should not interpret religion.

AIMIM leader and Lok Sabha member Asaduddin Owaisi sought to "disagree" with the HC judgement and wanted the All India Muslim Personal Law Board (AIMPLB) and organisations of other religious groups to appeal against the order.

"... If it is MY belief & faith that covering my head is essential then I have a right to EXPRESS it as I deem fit. For a devout Muslim, Hijab is also an act of worship."

Banning headscarf definitely harms devout Muslim women and their families as it prevents them from accessing education, he added.

The CPI-M, in its reaction, tweeted, "Hijab decision of Karnataka HC is contrary to constitutional guarantees of equality. Judiciary is not expected to uphold discriminatory policies. Wearing a scarf to cover one's head has never been considered a violation of uniform. Justice from Supreme Court urgently required."

Six girl students of a college in Udupi had attended a press conference held by the CFI in the coastal town in January, protesting against the college authorities denying them entry into the classroom wearing hijab. The row soon spread to other parts of the state before witnessing national repercussions, with voices for and against the headscarf, even as as it resonated in some foreign countries like Pakistan.

The bench also maintained that the government has the power to issue the impugned order dated February 5, 2022, banning clothes which disturb equality, integrity and public order in schools and colleges, which the Muslim girls had challenged in the High Court.

The bench also rejected the plea to initiate a disciplinary inquiry against the college, its principal and a teacher.

Chief Minister Bommai said everyone should abide by the verdict of the High Court on the Hijab row, and cooperate with the state government in implementing it.

He said it was a matter concerning the future and the education of students, and nothing was more important than education.