"Hecklers' Veto Cannot Be Allowed": Students To High Court On Hijab Row

The advocate representing students said, "If the state says if somebody wears a head scarf it will lead to trouble, therefore we cannot allow it, that is an impermissible argument"

The right to use hijab or headscarves in educational institutions cannot be blocked citing public order, the Karnataka High Court was told today, Senior advocate Devadatt Kamat, who was representing students who challenged the bar on head scarves, said courts have earlier recognised the fact that "hecklers' veto cannot be allowed".  

He also asked the court to rethink its interim judgment to barring religious attire, saying it amounts to a "suspension of the fundamental rights" -- to education and religious freedoms -- and allowing it is only a small adjustment.

Since the court issued its order barring hijab in institutions that have no dress code, many students have not been allowed entry to schools and colleges. This is interfering with their right to education, he said, adding that the Education Act has no provision to expel a student for not adhering to uniform.

"If the state says if somebody wears a head scarf it will lead to trouble, therefore we cannot allow it, that is an impermissible argument... The state... has to create a positive environment facilitating enjoyment of rights," he added.