March 15, 2022. Honorable Karnataka HC held on Tuesday that wearing of Hijab by Muslim women is not an Essential Religious Practice in the Islamic faith.
The full bench of Karnataka High Court also held that prescription of school uniform is a reasonable restriction on student’s right safeguarded under Article 25 of Constitution.
Deciding on a case in which petition was filed by Muslim girls, against the government order dated Feb 05, 2022, and action of College Authorities restraining the student entering into premises of college with Hijab.
Chief Justice Ritu Raj Awasthi, read out the main questions under consideration and Court’s answer to them,
The first and foremost question identified was, whether wearing of Hijab is an Essential Religious Practice under the Islamic faith which needs to be protected under Article 25?
The honorable court on this question has concluded that “wearing of Hijab by Muslim women is not an Essential Religious Practice in Islamic Faith.”
The next major question under consideration was, whether the prescription of school uniform is a violation of student’s right protected under article 25?”
The high court on this question has observed that “prescription of school uniform is only a reasonable restriction, constitutionally permissible which students cannot object to.”
Among the other two questions were, “whether government order dated Feb 05, 2022, was arbitrary and violates Article 14 and 15?” and “whether any action or inquiry against college authorities is needed?”
The court read its answer to these questions as, “government has the power to issue order dated Feb 05, 2022, and no case is made out of its invalidation.” and “No case is made out for the issuance of disciplinary proceedings against respondents and writ of quo warranto is not maintainable.”
All writ petitions being devoid of merits were dismissed.
