The Karnataka Excessive Court docket on Tuesday ruled that carrying of hijab by Muslim females is no longer a truly grand non secular apply beneath the Islamic faith, upholding the Deliver’s gown code for varsity students.
A 3-member bench consisting of chief justice Ritu Raj Awasthi in conjunction with judges justice Krishna S Dixit and justice Khazi Jaibunnisa Mohiuddin dismissed the correct utter to the authorities notification as “devoid of advantage”.
The court took a holistic scrutinize of the total case and sought to answer it by classifying the correct utter into four considerable questions, viewing them from the purpose of Constitutional regulation.
Carrying of hijab as a scarf does no longer salvage a part of a truly grand non secular apply in Islamic faith protected beneath Article 25 of the Constitution, the court ruled.
The bench additionally acknowledged the authorities prescribing uniform in faculties is no longer violative of the primary rights as guaranteed beneath Article 19 (1)a of the Constitution and additionally violation of privateness beneath Article 21 of the Constitution.
The petitioners, the court acknowledged, have no longer made out a case to invalidate the impugned authorities notification dated February 5, 2022. The prescription of uniform is fair a affordable restriction on major rights that is Constitutionally permissible, the court acknowledged.
The court answered in the detrimental whether the authorities has the competence to utter the February 5, 2022 notification asking college students to follow the prescribed uniform and whether it was once executed arbitrarily and without utility of tips, violating Articles 14 and 15 of the Constitution.
The petitioners, the court acknowledged, have no longer made out a case for calling for inquiry against the respondents (govt authorities) and utter of quo warranto to the authorities.
The bench headed by heard arguments for 11 days on a batch of petitions filed by sections of Muslim girls and others, praying that they be allowed to wear hijab in classrooms, sooner than reserving the case for judgment on February 25.
The court, by an expose on February 11, had disallowed college students from carrying any non secular gown to classrooms unless it made up our minds on the writ petitions.