Munmun Kaur
Published On: February 10, 2022 at 14:42 IST
A Single Judge Bench of the Karnataka High Court on February 09 referred the Writ Petitions challenging the February 5 Government notification on student uniform to a larger Bench.
The Writ Petitions challenged the alleged ban of wearing Hijab in Government pre-university colleges in the Udupi district as stated by the Government notification. Justice Krishna Dixit said that the Petitioners may pray for interim relief(s), if any, before the Chief Justice’s Bench.
Justice Dixit further added that the matter involved certain constitutional questions of seminal importance hence merited hearing by a larger Bench. He also asked the Court Registry to place the Case file before the High Court Chief Justice for immediate consideration in view of the urgency pleaded by the Petitioners.
Senior Advocate Devdutt Kamat appearing for the Petitioners sought interim relief for the Petitioners while the matter was being referred to the larger Bench but was opposed by the Advocate General Prabhulinga Navadgi, who argued that educational institutions enjoyed autonomy in deciding uniforms hence the Petitions were misconceived.
Earlier, the Advocate General sought an interim Order stating that till the issue was resolved by the Court there should not be agitations. Senior Advocate Devdutt Kamat said “To injunct all people will be problematic. The State wants to politically gain from this because there are protests planned tomorrow. Some people are being harassed in the street”.
The legal issues before the High Courts are whether wearing hijab is part of an essential religious practice of Islam and whether the State is within its powers to prescribe a dress code for students with restrictions.
Also, whether wearing a hijab falls within the ambit of Article 19(1) of the Constitution as freedom of speech and expression, and whether restrictions can be placed only under Article 19(2) of the Constitution.