Hijab not an essential practice of Islam, rules Karnataka High Court

Prescription of school uniform is lawful, and it does not violate the right to freedom of speech or right to freedom of privacy enshrined in the Constitution

The wearing of hijab is not an essential practice as per Islamic faith, the Karnataka High Court has ruled. It has also said that the prescription of school uniform is lawful and it does not violate right to freedom of speech or right to freedom of privacy of the Constitution.

A three-judge Bench of the High Court of Karnataka, headed by Chief Justice Ritu Raj Awasthi pronounced its verdict on the petitions related to the row over wearing hijab in educational institutions.

The court said that a Karnataka govt order of February 5, 2022 prescribing policy on uniform was not illegal. No case is made out to take action against the authorities of the Govt PU college for Girls, Udupi, or officers of its College Development Authority, as per the HC order.

The Bench, also comprising Justice Krishna S. Dixit and Justice J.M. Khazi, had on February 25 reserved its verdict on completion of hearing on petitions filed by nine Muslim girl students studying in two government pre-university colleges in Udupi district.

The petitioner-students sought a declaration from the court that wearing hijab (headscarf) inside classrooms in educational institutions was their fundamental right to freedom of religion.

The main contention of the petitioners was that hijab was an essential practice for women as per Islamic faith and the government or educational institutions could not stop them from wearing it while attending classes.