PTI

Bengaluru, February 14

Challenging the federal government order limiting using any fabric that may disturb peace, concord and, legislation and order, the women who petitioned in favour of hijab requested the Karnataka High Court on Monday to permit them to put on Islamic headscarves of the color of the varsity uniform.

The women made the plea to the total bench of the High Court comprising Chief Justice Ritu Raj Awasthi, Justice J M Khazi and Justice Krishna M Dixit.

“I am not only challenging the GO but also asking for a positive mandate for allowing me to wear a headscarf of the same colour of the uniform,” advocate Devadatt Kamat, showing on behalf of the women of the federal government pre-university school in Udupi, informed the bench.

Kamat additionally claimed that the central faculties allow Muslim women to put on headscarves of the varsity uniform color and the identical could possibly be achieved right here.

According to him, headscarves are an important spiritual observe, and limiting its use was violating Article 25 of the Indian Constitution.

Article 25 reads: “Subject to public order, morality and health and to the other provisions of this part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.” The article additionally says that nothing in it ought to have an effect on the operation of any present legislation or forestall the state from making any legislation regulating or limiting any financial, monetary, political or different secular exercise which can be related to spiritual observe and regulating or limiting any financial, monetary, political or different secular exercise which can be related to spiritual observe.

Kamat argued the place was the legislation as mandated underneath Article 25 regulating or limiting any financial, monetary, political or different secular exercise.

The advocate for the Muslim women additionally mentioned the College Development Committee (CDC) comprising an MLA has been authorised by the federal government to resolve the uniform.

“A CDC comprising an MLA is an extra constitutional authority and a third party to decide what to wear. The government has assigned its responsibility to this third party,” Kamat argued.

He additionally knowledgeable the bench that the women learning within the second pre-university class have been sporting hijab for the previous two years ever since they took admission. Due to the opposite college students who out of the blue sported a fabric displaying their spiritual id, the elemental rights of his shoppers have been curtailed, the lawyer argued.

“State says that wearing of head scarf can be a problem as other students want to display their religious identity,” Kamat identified.

The courtroom adjourned additional listening to of the case to Tuesday.

On January 1, six lady college students of a school in Udupi attended a press convention held by Campus Front of India (CFI) within the coastal city protesting towards the school authorities denying them entry into the classroom by sporting hijab.

This was 4 days after they requested the principal permission to put on hijabs in courses which was not allowed. Till then, college students used to put on hijab to the campus and entered the classroom after eradicating the scarves, the school principal Rudre Gowda had mentioned.

“The institution did not have any rule on hijab-wearing as such and since no one used to wear it to the classroom in the last 35 years. The students who came with the demand had the backing of outside forces,” Gowda had mentioned.