A Muslim student has filed a writ petition in the Karnataka High Court seeking a declaration that wearing a hijab (headscarf) is a Fundamental Right guaranteed under Article 14 and 25 of the Constitution of India as it is an essential practice of Islam.
The student is enrolled at the government college for girls in Udupi district of the state. The college has for the past few weeks denied entry of hijab-clad Muslim women to attend classes.
As reported by Live Law, the petition was filed through Advocates Shathabish Shivanna, Arnav A Bagalwadi & Abhishek Janardhan.
On its end, the college argued that wearing the hijab is in strict violation of the dress code of the college.
In her plea, the student stated that the Constitution of India guarantees the Freedom of Conscience and the right to profess, practise and propagate religion while reserving the state’s right to interfere with the religious matter only if it involves an issue relating to public order, morality and health.
Unsurprisingly, the student(s) right to adorn a hijab does not interfere with public order, morality or health.
The college had reportedly also banned the use of Hijab, the Urdu language, and the Arabic greeting (Salaam), recently, following which the students stood outside classrooms in protest of the college’s decision.
They also are allegedly being barred from speaking in Urdu, Arabic, and Beary languages. The principal of the college, Rudhra Gauda had earlier refused to discuss the issue with the parents even though the students had mentioned that they were not being given attendance.
Gauda reportedly has claimed that the students have always been removing hijab and burqa after they enter classrooms. He says that under the insistence of some groups only a few Muslim students are making this a controversial issue.
