The right to wear hijab or headscarves in educational institutions cannot be blocked on grounds of public order, Karnataka’s Supreme Court was told today. “hecklers veto cannot be allowed”.
He also asked the court to reconsider its interim ruling on banning religious clothing, saying it amounts to a “suspension of fundamental rights” — to education and religious freedoms — and allowing this to be just a small amount. adjustment.
Since the court issued an order banning hijab in institutions that do not have a dress code, many students have been denied access to schools and universities. This hinders their right to education, he said, adding that the Education Act does not contain a provision to exclude a student if he does not adhere to a uniform.
“If the state says that if someone wears a headscarf it will lead to problems, therefore we cannot allow it, that is an inadmissible argument… The state… must create a positive environment that facilitates the enjoyment of rights” , he added. †
That a government order left it up to colleges to invoke the use of the hijab, subject to “public order”, came into dispute yesterday. Religious freedoms are guaranteed under Article 25 of the Constitution and can only be blocked if there is a violation of “public order”.
The state had claimed that “public order” is not an accurate translation of the Kannada word used in government order. The senior attorney today said he will deny the argument, saying he has consulted the vernacular version of the Constitution, where the words appear nine times, each time to denote public order.
The state says that the word “savrajanik suvyavasthe” in the government order does not mean “public order”. The official Kannada translation of the constitution uses this word “sarvajanik suvyavasthe” for “public order”. I am surprised that the state has this done. argue,” he said. “Very categorically, ‘sarvajyanik suvyavasthe’ means public order and it cannot have any other meaning. I will rest my case there,” he added.
The hearing resumes tomorrow.
The hijab brawl started in Udupi, Karnataka, last month when some students protested against the bar it featured. It provoked retaliation from other students who insisted on showing up in saffron scarves.
The confrontation quickly spread throughout the state. Protests were held and Muslim girls complained, forcing the state to temporarily close schools and universities and the courts called for peace.
As schools reopened yesterday, social media was flooded with images of several schools where students were forced to remove their headscarves before entering campuses. Many did not want to cooperate and chose to return home.
The Pre University Colleges from which the controversy started will open tomorrow along with other colleges after nearly a week of closure.