The petitioner-students are left with Hobson’s choice, as they now have to decide to either educate themselves or follow their freedom of conscience to wear hijabs, it was argued before the High Court of Karnataka on Wednesday.
Arguing on behalf of Shaheena and Shifa Minaz of Kundapur in Udupi district, senior advocate Yusuf Muchhala contended that the restriction on hijabs has deprived them of their fundamental right of freedom of conscience guaranteed under Article 25 (1) of the Constitution.
“Is this fairness when Article 51 of the Constitution makes it a fundamental duty of every citizen to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities; to renounce practices derogatory to the dignity of women,” Mr. Muchhala argued before a three-judge Bench headed by Chief Justice Ritu Raj Awasthi.
Freedom of conscience is a wide term, he said. “There are people who may not believe in God, yet they are entitled to have belief in their conscience. There are people who believe in universality of religion. The may not accept any one particular religion, but they believe in all religions, and they are entitled to their belief...,” he argued.
Mr. Machhala also contended before the Bench, which also consisted of Justice Krishna S. Dixit and Justice Jaibunnisa M. Khazi, that the act of the State authorities restraining the two girls from attending class wearing hijabs amounts to arbitrariness and they were not served with notices before depriving them entry to the classroom.
Interlocutory application
Meanwhile, four petitioner Muslim students from Government PU College for Girls in Udupi have filed an application requesting the court to modify its February 10 order allowing them to cover their heads with the shawls/stoles provided along with their college uniform, while pointing out that covering one’s head with a dupatta or a sari has been part of the tradition of Indian women irrespective of their religion.
Following this, the Bench directed the State Government to file its response this application while adjourning further hearing on the petitions till February 17.
Other religious symbols
Senior advocate Ravivarma Kumar questioned why were only Muslim girls being singled out by banning hijabs, when many students wear other religious symbols like the namam, bindis, bangles, the crucifix, turbans, and dupattas.
Mr. Kumar also asked if people wearing the turban can be in the Army, why can’t Muslim girls wearing hijabs be allowed in classrooms.
