Hijab ban; HC verdict is contrary to constitutional guarantees of equality: CPI(M)

Karantaka High Court’s Tuesday verdict upholding hijab ban in educational institutions is contrary to constitutional guarantees of equality, said Communist Party of India (Marxist).

“Judiciary is not expected to uphold discriminatory policies. Wearing a scarf to cover one’s head has never been considered a violation of uniform,” said the left party.

The Karnataka High Court on Tuesday upheld the State government order effectively banning the wearing of hijab by Muslim girl students in educational institutions in Karnataka.

“Hijab is not a part of essential religious practices of Islam and thus, is not protected under Article 25 of the Constitution,” said a three-judge Bench of Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and JM Khazi.

Accordingly, the Court has dismissed the petitions filed by Muslim girl students, challenging the action of government PU colleges in denying their entry for wearing hijab.

“Justice from Supreme Court urgently required,” CPI(M) tweeted.

As Karnataka High Court upheld the ban on hijab in educational institutions,the Muslim girls have decided to move to the Supreme court.

Muslim students in Karnataka have been protesting the ban on hijab in educational institutions, saying the Islamophobic move of the Karnataka government violates their religious freedom guaranteed under India’s constitution.

Muslim students, activists, and Opposition leaders across the country allege that these attacks on Muslim symbols and practices are part of the larger Hindutva agenda of imposing majoritarian values on the country’s 200 million Muslims.

Soon after the verdict, Muslim students in Karnataka who have been fighting against hijab ban, Muslim leaders, human rights defenders, Opposition parties said the verdict is enabling discrimination against Muslim students and it suspends the fundamental rights of hijab wearing students.