Hijab Row highlights: Our patience is not weakness, warns Pralhad Joshi

Congress MLA B.Z. Zameer Ahmad Khan, who stoked controversy by stating that without hijab Muslim women 'will get raped in India', while reacting on the hijab row, after being slammed from all corners, regretted his statements. While the case is still being heard at the Karnataka HC, colleges in the state are set to reopen on Wednesday. Meanwhile, Union Minister Pralhad Joshi said that the government's "patience" should not be considered as "weakness" and warned to take strict action against anyone creating trouble at the educational institutions.

Our patience is not weakness, warns Pralhad Joshi on hijab row

Union Minister for Parliamentary Affairs and Mining Pralhad Joshi, commenting on thehijabrow in Karnataka, said on Tuesday that the state government has exercised much restraint on this (hijabrow) issue and this should not be mistaken as weakness. (IANS)

A delegation of Muslim legislators, met Chief Minister Basavaraj Bommai on Tuesday and demanded merciless action against organisations or forces behind theHijabrow in the state. (PTI)

Section 144 imposed in Tumakuru from 6 am of February 16 till next order ahead of PU colleges reopening.

The order is applicable in 200 meters of PU colleges, degree and other colleges: YS Patil, Deputy commissioner, Tumakuru

We have held a meeting with all religious leaders, various stakeholders on the implementation of the Karnataka High Court's interim order: Kurma Rao M, Deputy Commissioner, Udupi District on hijab row

(ANI)

43 students absent from classes in Mysuru district

As many as 43 students remained absent for classes and for the SSLC preparatory exams in Mysuru district on Tuesday after being asked not to wear the hijab.

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Make your stand on hijab row clear during ongoing Assembly session: Pralhad Joshi to Congress

Charging that the Congress is suspected to be behind some vested political forces trying to provoke communal discord regarding the hijab row, Union Parliamentary Affairs Minister Pralhad Joshi on Tuesday challenged the Congress to make its stand on the issue clear during the ongoing session of the State Legislature.

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Counsel argues wearing of headscarf not against public order: What this means

The hijab row, which started in Udupi, has now reached the Karnataka High Court, with students claiming that their constitutional rights are being infringed upon.

The counsel for those petitioning against the ban on hijab on Monday told the Karnataka High Court that the government can't curtail citizens' fundamental rights by claiming that the move is done to maintain public order.

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23 students return from school in Kodagu district

As many as 23 students of Karnataka Public School in Nellyahudikeri in Kodagu district returned back home from school on Tuesday wearing headscarves.

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Kumar: Education Act is a complete code. This College Development Committee is a non-existent body under the statute. It is an extra-legal authority which is now endowed with the power to prescribe the uniform, contrary to the scheme of the act and letter of the rules.

Kumar: We are not violating any public order, equality or unity.

Kumar: Kindly take note of the fact there is no ban of wearing hijab by any student much less by religious minority community. GO says CDC will prescribe it. Till then, clothes which do not threaten public order, equality or unity must be worn, it say

Kumar: There is no prohibition in wearing the hijab even in the GO.

Kumar: Kindly mark this Govt is yet to take a decision on the uniform dress code. It is to constitute a high-level committee. As of now Govt has not prescribed any uniform or prohibited the wearing of hijab.

Kamat: This order in effect suspends fundamental rights. Kindly do not continue this interim order.

Kamat concludes his submissions. Expresses gratitude to the bench for patient hearing and to his associates who helped him in research.

Kamat: I respectfully submit that the sweep of your lordships order is extremely board and it is in the teeth of Article 25 and other rights. Kindly make some leeway. In the meanwhile permit us to wear the head scarf in addition to uniform. Consideration will take time.

Kamat submits that the Education Act has no provision to expel a student for not adhering to uniform.

"If you are expelled for an extra attire, doctrine of proportionality will come in", Kamat submits.

Kamat: This is an innocuous practise of wearing head scarf and not changing my uniform. This is a facet of freedom of speech and expression. If small exemption is given to wear headscarf, it will be in line with right to freedom of speech and expression.

Kamat: State says we are a secular state, we are not Turkey milords. Our Constitution provides positive secularism and all faiths have to be recognised.

Kamat quotes from SC judgment in Aruna Roy case - Our secularism is from a Vedic perspective "Sarva Dharma Sama Bhava"

Indian secularism is not like Turkey's, we recognise all religions as true: Counsel

Kamat: When your lordships passed the order last day, probably your lordships had secularism in mind. But our secularism is not Turkey secularism. Ours is positive secularism. We recognise all religions as true.

Kamat says there is judicial recognition to fact that "hecklers veto" cannot be allowed.

"If I go on street, and somebody stops saying he does not like Devdatt Kamat, then State cannot stop me from going to the street saying it will create public order issue".

Kamat: If the state says if somebody wears a head scarf and it will lead to galata, therefore we cannot allow it, that is an impermissible argument.

Kamat refers to a SC judgment authored by Justice Chandrachud which makes a mention about growing intolerance.

Kamat : State cannot create a facile argument that public order is disrupted and it has to create a positive environment facilitating enjoyment of rights.

Kamat says he will give a written note about the judgments. CJ says that will be better. Kamat says the Canada judgment permitted a Sikh student to wear Kirpan to school.

"The display of religion and culture in public is not a “parade of horribles” but a pageant of diversity which will enrich our schools and in turn our country", Kamat quotes from SA judgment.

Drawing parallels from SA judgment, Kamat says we should celebrate if students are wearing namams or other religious symbols.

"The possibility for abuse should not affect the rights of those who hold sincere beliefs", Kamat quotes from the South African judgment.

"If there are other learners who hitherto were afraid to express their religions or cultures and who will now be encouraged to do so, that is something to be celebrated, not feared", Kamat quotes from the South African judgment.

Kamat now refers to how SA Court rebutted the school's argument that allowing nose-studs will allow claims for body-piercings and other "parades of horribles". Court said school failed to understand its religious and cultural significance and is disrespectful of them.

'Students have been wearing hijab and are following school discipline'

This is what the Chief Justice asked me, whether they have been wearing the headscarves. Yes, they have been wearing and the students were following the school discipline: Kamat

Case is not about uniforms but about 'reasonable' exemptions to uniforms, argues Counsel

Kamat continues referring to SA judgment : If Sonali says nose-stud is central to her South Indian Hindu culture, then the Court cannot say it is not, because outside authorities cannot decide.

Kamat: School submitted that infringement of Sunali's right was slight as she can wear nose stud outside. The Chief Justice did not agree saying that the removal for a short time will send a symbolic message that Sonali and her religion and culture are not welcome.

Kamat reads judgment : Evidence shows that the nose stud is not a mandatory tenet of Sunali’s religion or culture; But the evidence does confirm that the nose stud is a voluntary expression of South Indian Tamil Hindu culture, a culture that is intertwined with Hindu religion.

Religious leaders seek Mamata Banerjee's ‘intervention’ in hijab row

Religious leaders in Kolkata cutting across lines of faith, and who work closely together on issues concerning communal harmony, sought West Bengal Chief Minister Mamata Banerjee's ‘intervention’ in the hijab issue.

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Kamat : Your Lordships are very well aware of our scriptures. Our Vedas, Upanishads. The central theme is that we are not islands. The same finds echo in the South African judgment.

Kamat : Will heavens fall if you don't wear Hijab for few hours in school? They ask. Similar was the argument of the school in the South African case against the Hindu girl wearing nose ring.

Kamat says that the Hindu girl pleaded in the Court that the practice of wearing nose ring was a part of long standing tradition in South India.

Kamat says the South African judgment was related to the claim of a Hindu girl from South India to wear a nose ring. The school did not permit. The school said it will lead to a "parade of horrible".

Karnataka govt set to crack down on outfits disturbing peace

A day ahead of reopening of pre-university colleges in Karnataka, which were shut due to protests over wearing of Hijab inside classrooms, state Home Minister Araga Jnanendra on Tuesday said authorities have been directed to identify and initiate legal action against religious organisations attempting to break the society and corrupt innocent students.

"Some religious organisations are using students to try to divide the society... Instructions have been given to identify them and initiate appropriate legal action against them," the minister said in a statement. He claimed that not all but a few students were insisting that they be allowed to go to the school wearing Hijab.

A Muslim student (face blurred to protect identity), who boycotted the SSLC Preliminary Examination over 'Hijab' controversy, leaves her school in Shivamogga, Tuesday, February 15, 2022.

Kamat : It cannot be that by Education Act you can curb religious beliefs. Otherwise, it is a very dangerous propositition. State will says there is an Act and based on that we will curb somebody's freedom.

Kamat: To counter that, if somebody wears a shawl, you will have to show that is it a display of religious identity alone or is it something more. If it is sanctioned by Hinduism, by our Vedas or Upanishads then the court is duty bound to protect it.

Kamat : When I was in school and college I used to wear rudraksha. It was not to display my religious identity. It was a practice of faith because it gave me security. We see many judges and senior lawyers wearing such customary things.

Kamat : The essence of Article 25 is that it protects the practise of faith but not a mere display of religious identity or jingoism.

Kamat quotes from the judgment - "laws providing for social welfare and reform not intended to enable the legislature to reform a religion out of existence or identity"

Kamat : Yesterday I was asked whether reform in Article 25(2) can apply to an essential religious practice. That is answered by the Supreme Court (1962) 2 SCR 496.

Kamat is referring to "Sardar Syedna Taher" case in which the Supreme Court struck down a Bombay law which prohibited ex-communication from a community on petitions by Bohra members. SC said, if this is an essential practice, it must be upheld.

Kamat reads Article 25 in Kannada. Points out the use of "sarvajanik suvyavasthe" in that Article for "public order". Kamat : Very categorically sarvajyanik suvyavasthe means public order and it cannot have a different meaning. I rest my case there.

Kamat : If the State has used the word in Constitution the word has to be given the same meaning. Public order as per Constitution in Kannada is "Sarvayanik suvyavaste". Interestingly, this is used 9 times in Constitution.

Kamat seeks to make a clarification regarding the translation of the Kannada GO, which was in dispute yesterday.

Advocate General: The affidavit is vague. Let them come with proper application and we will respond. The affidavit is not filed by any petitioner.

Adv Mohammed Tahir: The order passed by court is misued by the state. Muslims girls are forced to remove their hijab. In Gulbarga govt officials went to an Urdu school and forced the teachers and students to remove hijab.

Bengaluru police deny allegations of profiling students of J&K

Members from the Muslim Women Association hold placards as they stand along a roadside during a silent protest after few Karnataka's educational institutes denied entry to students wearing hijabs, in Hyderabad on February 15, 2022.

Parents of the students staged a protest on Tuesday to condemn the move of the Maulana Azad High School at Mallar Pakeeranakatte in Kaup, Udupi district, who made students wearing headscarves sit separately in a room on Monday.

The parents demanded to allow students wearing headscarves to sit inside the classrooms. They said that they would not send their children to schools if headscarves were not allowed.

As many as 20 students who had arrived at the school wearing headscarves on Monday remained absent on Tuesday.

On the other hand, students of Urdu Government Primary School at Mallar, who came wearing headscarves were allowed to write the exams. Tahsildar Srinivas Murthy, DDPI and others visited the school.

(DHNS)

Karnataka Cong MLA regrets 'hijab prevents rape' comment

Congress MLA B.Z. Zameer Ahmad Khan, who stoked controversy by stating that without hijab Muslim women 'will get raped in India', while reacting on the hijab row, after being slammed from all corners, regretted his statements on Tuesday.

Khan stated, "I get anxious and scared to see increasing atrocities and rape on women in our country. Because of this state of our society, I said that at least with burqa-hijab we may be able to prevent rapes. It was not intended to hurt or disrespect anyone. I regret if it has hurt anyone."

"My opinion is that education is the only thing that protects women. If, for religious reasons, not wearing hijab prevents them to access education, I would want them to first get educated at least by wearing it. They will then be able to protect themselves through education," he further stated.

Education is important but hijab is most important to us, says Kodagu man

Few students of Karnataka Public School in Nellihudikeri in Kodagu dist. protested against the hijab ban

A man whose niece is a student says, "I'll bring my niece to school only after the court verdict. Education is important but hijab is most important to us".

Muslim people take part in a demonstration to denounce the banning on Muslim girls wearing hijab to attend classes in few of Karnataka's educational institutes, in Chennai on February 14, 2022.

The Jeddah-based Organization of Islamic Cooperation (OIC) has expressed deep concerns over what it called "continued attacks on Muslims in India" and called upon the international community to take necessary measures.

Objecting to teacher's hijab exposes malice: NCP leader

NCP leader Majeed Memon on Tuesday said that the teachers removing hijab before entering schools in Karnataka 'showed the malice behind it while objections on students could be arguable'.

"The objection to girl students wearing hijab in schools in Karnataka is arguable due to the prescribed uniform. But objection to teachers wearing hijab exposes malice behind it by those who create a scene on the subject," Majeed Memon said.

Mangaluru police cautions against fake video

The city police have cautioned the public against an old video of a scuffle among students being circulated on social media as an incident happened in the city over thehijabissue. City police commissioner N Shashi Kumar clarified in a statement that no such incident has taken place in any college in the city. He cautioned the people against the fake video and said the situation is peaceful in the city and all educational institutions are holding classes adhering to High Court directions. The student community, organisations, citizens, parents, educational institutions and political parties have cooperated in ensuring peace in the region, he said.

Muslim women hold placards while wearing burqa and hijab in a peaceful protest in support of female Muslim students and against the Karnataka government, in Hyderabad, Tuesday, February 15, 2022.

A meeting between parents and teachers is underway. The students (of Govt Urdu School, Pakirnagar) have not been made to sit in a separate room: Tehsildar, Kapu Taluk, Udupi district

A PG Govt College in Datia asks its students to "not wear community-specific outfits, hijab in college," following a demonstration by some protesters after a video showing two students wearing hijab in the college emerged

Several Muslim leaders meet CM Bommai in Bengaluru

Hijab row not a controversy, but conspiracy against India: BJP

Referring to a plea in the Karnataka High Court to defer hearing on the 'hijab' row till the Assembly polls were over, the BJP has raised questions over the timing of the row and said the row was not a controversy, but a conspiracy against India.

BJP national General Secretary CT Ravi said, "In the ongoinghijabrow, petitioner students have filed an application before the High Court to postpone their case until the completion of elections in five States. What do students have to do with Assembly elections? Does anyone still believe that thehijabissue was not pre-planned?"

"Thehijabrow is not a controversy, it is a conspiracy against India," he said.

‘Hijab personal choice, not against Constitution, troubles no one in class’

Campus Front of India (CFI), a student outfit of the Social Democratic Party of India (SDPI), has been providing ‘legal and moral support’ to the six Muslim students of Government Women’s PU College, Udupi, whose objection to the restriction on wearing the hijab in the classroom has kicked up a massive political and religious row across the state. Both the BJP and the CFI have made charges against each other for fuelling the controversy to a point of no-return.

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Students of classes up to 10 head to schools on the second day of the reopening of schools in Karnataka

Karnataka students show up in hijab despite HC order, sent back

In an interim order last week, the high court had restrained students from wearing clothes indicating religious identity. High schools that resumed classes after a gap of five days sought to enforce this and refused entry to students and teachers who did not comply.

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Bengaluru schools open amidst Hijab row, no untoward incidents reported

Classes for the high school section opened across the state on Monday amidst the raging Hijab row, though no untoward incidents had been reported.

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Congress MLA Zameer Ahmed Khan tells Shivakumar he won't apologise for hijab rape remark

Karnataka Pradesh Congress Committee (KPCC) president DK Shivakumar on Monday asked his party’s legislator BZ Zameer Ahmed Khan to apologize for his controversial statement linking rapes and wearing of the hijab.

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Hijab row: Students seek Karnataka HC's nod to use uniform stole to cover their head

An Interlocutory Application (IA) was mentioned before the full bench of the Karnataka High Court on Monday during the hearing on a batch of petitions over the Hijab controversy, requesting the leave of the court to use a uniform stole to cover the head.

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