The Karnataka High Court, on March 15, upheld the ban on wearing hijab in education institutes that have prescribed a uniform.
"Wearing of the hijab does not form essential religious practice in Islam," the judgment rendered by a full bench of the high court said.
The high court has held that a restriction on wearing the hijab, a uniform restriction, falls under reasonable restrictions prescribed under Article 19 (2). Such a ban cannot be said to be in violation of the fundamental rights guaranteed under Articles 19 and 21, it said.
Also Read | Nitin Gadkari on hijab row: All religions must be respected
While upholding the validity of the government order that allowed for the imposition of a ban on donning hijab at institutes where uniform is prescribed, the high court dismissed the batch of petitions that challenged this order.
The judgment is likely to be challenged before the Supreme Court.
The high court was moved by aggrieved students who challenged the government order citing violation of their fundamental rights. While the case was at first listed before a single-judge bench, it was referred to a larger bench owing to the sensitivities as well as the question pertaining to fundamental rights involved.
The three-judge bench of the high court led by its chief justice heard the case for around 11 days during which time the court passed an interim order asking students not to don any religious garments. The court had said that this interim order pertained to all faiths and their religious symbols and was not restricted to wearing of hijab alone.
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