Karnataka High Court on Wednesday heard a batch of pleas challenging the hijab ban as all schools and colleges were shut in the aftermath of protests for and against the hijab. Both the petitioner and the government wanted disposal at the earliest, while the College Development Committee opposed interim relief to students in this matter.
A single bench led by Justice Krishna Dixit then decided that the matter required to be heard by a larger bench. A larger bench will now decide whether to offer interim relief to students or not. Meanwhile, in the wake of growing protests, Section 144 of CrPC has been imposed in Bengaluru around education institutions. No protests can take place within 200 meters of educational institutions in the city for the next two weeks. Here are the top developments.
GOVERNMENT SAYS STUDENTS MUST ATTEND CLASSES ADHERING TO DRESS CODE
The government submitted an affidavit before the high court saying students wearing any other cloth other than the prescribed uniform would amount to ‘preferential treatment’. The government also asked the plea to be dismissed as the students and their parents were aware of the dress code and uniform rules in colleges under the state education department.
“I wanted to say the petitions are misconceived. They have questioned the government order. Each institution has been given autonomy to make decisions. There are larger judgments that say that hijab does not form an integral part of religious practice. The test that if they don’t practice the religion itself goes,” Advocate General Prabhuling Navadgi said.
Advocate General said, “Children must attend the class adhering to the dress code prescribed by the college.”
PROHIBITORY ORDERS ISSUED IN BENGALURU, NO PROTESTS NEAR SCHOOLS, COLLEGES
A prohibitory order was imposed in Bengaluru in the wake of growing protests. No such protests will be allowed within 200 meters of schools and colleges for a period of three weeks.
GOVERNMENT OPPOSES INTERIM RELIEF TO STUDENTS
Advocate General opposed giving interim relief to students to attend colleges wearing hijabs saying that the order would amount to allowing the petition. The petitioners then urged the high court to permit them to go to colleges without leaving the decision in the hands of College Development Committees.
The CDC opposed the request and said the rules were applicable for over a year and nobody had raised any complaints earlier.
BJP BLAMES CONGRESS FOR FUELLING HIJAB ROW
Karnataka Home Minister Araga Jnanendra and Revenue Minister R Ashoka accused the Congress of fueling the Hijab row. Congress leaders are adding fuel to the fire in connection with the Hijab issue, Jnanendra said.
He said Congress Karnataka chief DK Shivakumar had given wrong information to the media that the Indian tricolor was brought down in Shivamogga and was replaced with a saffron flag.
“National tricolor is never flown all the time. Shivakumar is speaking irresponsibly. We can understand the motive behind such statement coming from a senior leader,” the minister said.
Denouncing Congress, Ashoka said, “They[Congress] give some statement and instigate people. Congress’ conspiracy is clearly visible in this issue.”
HIGH COURT REFERS MATTER TO LARGER BENCH
A single judge bench of Justice Krishna Dixit referred the Karnataka hijab matter to a larger bench. Justice Dixit observed in the order that petitioner can move the larger bench and the question of interim relief will also be considered by that bench.
The court said that matters give rise to constitutional questions as certain aspects of personal law are involved.
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