'Hijab only not allowed in classrooms': Karnataka govt busts Lobby's narrative in SC

The Supreme Court is hearing a bunch of pleas against the Karnataka High Court's order upholding the ban on hijab in education institutions. With the hearing now in its second week, Karnataka Advocate General Prabhuling Navadgi on Wednesday reiterated that there is no restriction on wearing Hijab in school transport or even inside the school premises.

"There is no restriction on wearing Hijab in school transport or even inside the school campus," A-G Navadgi said, adding that the restriction is only inside the classroom.

Citing senior advocate Kapil Sibal (representing petitioners), Justice Sudhanshu Dhulia asked if the hijab could be worn outside the school. To which, Navadgi said, "Yes, right".

A-G Navadgi said that if one takes admission to an educational institution, then they are governed by the Education Act. "The question of violation of fundamental rights does not arise."

'Today hijab, tomorrow someone can come wearing gamcha,' says ASG

Additional Solicitor General KM Nataraj, representing Karnataka, also said that the state has not banned Hijab and has only prescribed a uniform that is religion-neutral. The state has neither prohibited nor promoted any religious activity, he said.

"You may be from any faith, if you enter the school you must follow the code of conduct. We talk about uniformity in the school. How can we recognise these Religious symbols? Today hijab, tomorrow someone can come wearing gamcha. We cannot sustain this in a secular institution like a school," the ASG said.

ASG Nataraj said that classification based on religion is not permissible. He said that if one comes to a secure institution, they have to come with a uniform. 

"Tomorrow a person can say burqa is an absolute right, and they go to the airport and say I will not show my face. Then one cannot say sacrifice is a religious right. Can a Hindu come and perform havan at India Gate or in court?" Nataraj asked.

The proceedings have been ongoing in the Supreme Court since Karnataka High Court gave its decision following a massive demonstration against its hijab order. A day earlier, Solicitor General Tushar Mehta also argued that that there was an element of conspiracy, even naming the PFI, and he also raised the anti-Hijab revolution ongoing in Iran.

Karnataka HC's verdict

On March 15, the Karnataka HC ruled that Hijab is not an essential religious practice. The court's order came in response to a plea of students of Government College in Udupi, who sought permission to attend classes wearing a Hijab and a direction to the effect that it is an "essential practice" of Islam. In its judgment panning 129 pages, the court has eloquently responded to key questions pertaining to the Hijab row and said that the prescription of the school uniform is only a reasonable restriction that students cannot object to.