After split Supreme Court verdict, Karnataka minister BC Nagesh says hijab ban in place amid Congress charges
Karnataka Hijab ban row: The southern state had banned the wearing of headscarves inside classrooms earlier this year
Following a split verdict by the Supreme Court on Thursday on the petitions challenging the hijab ban in the southern state of Karnataka at the educational institutions, the state's education minister, BC Nagesh, said that the restrictions on wearing of the hijabs - headscarves worn by Muslim girls and women - would continue. He also stressed that his government expected a "better judgement" from the top court even as he "welcomed" the order. "Regarding the issue of hijab, a two-member bench of the Supreme Court has given a different verdict, and the dispute is likely to be transferred to an extended bench. In the interest of all-round development of the students, the government has implemented the prescribed uniform code in schools. There is no change in our stand on this. Legal experts will be consulted on the decision," said Araga Jnanendra, Karnataka's minister for home affairs.
The Supreme Court on Thursday delivered a split verdict after hearing the matter, and reserving the order on 22 September. The two judges on the bench differed in their opinions. Justice Hemant Gupta, in his judgment, backed the BJP government in the state to enforce a uniform mandate.
On the other hand, Justice Sudhanshu Dhulia underlined that wearing of hijabs is a matter of choice and and there cannot be any restriction against it.
Keep updated, follow The Business Standard's Google news channel
The matter has now been referred to Chief Justice and there cannot be any restriction against it. CJI UU Lalit is set to retire in November, and he would be succeeded by Justice DY Chandrachud.
Meanwhile, Karnataka education minister BC Nagesh - responding to the judgement at a press briefing - said: "As a democratic government, we welcome whatever judgement we have received from the Supreme Court. But we expected a better judgement."
In an apparent reference to the protests in Iran, where women have been demonstrating against wearing of hijabs, he added: 'As you know the world over women are demanding not to wear hijab or burka. There is a split judgement, so the verdict given by the Karnataka High Court is valid. In that context, we will continue to follow what is currently existing rules (for educational institutions in the state)."
In his response, R Ashok, Karnataka's minister for revenue said: "Whoever comes (attends) government schools, whatever the uniform is they should adhere to it and this is the government rule. There were some girls who went against this, inspired (provoked) by a few organisations. There has already been a verdict in favour of the government on this issue. In their homes, they can wear Hijab or anything else but when they come to government schools, it is mandatory to follow the prescribed uniform and this is the government's good opinion."
Meanwhile, the opposition stepped up attack on the government. "Whatever our rights are in the constitution, freedom of practice and preaching, that should he protected. As far as Karnataka is concerned, it is not about the Hijab but a big conspiracy to stop poor girls from minority communities going to schools and getting educated," BK Hariprasad, Congress's leader of opposition in upper house of Karnataka, said.
"After banning the hijab, around 17,000 first generation people (students) were out of schools. The government has succeeded in its plans that these girls should not get education," he added.
Meanwhile, security has been heightened in parts of Karnataka. "Precautionary measures like police picketing in important areas and continued patrolling taken. We are keeping close watch on social media to make sure no attempts made to harm existing peace in the society," Akshay Hakay, police officer in Udupi, was quoted as saying by ANI. Udupi was one of the first places where protests had been triggered.
Before the verdict, Congress leader Kapil Sibal had tweeted: "Karnataka Banning "hijab" in schools. A lab experiment. If it succeeds it will be repeated in all BJP ruled states for "political mileage". Let's instead experiment with reducing inflation(Sept.7.4%), increasing factory output. reducing poverty, delivering justice to the poor. (sic)".
