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.

Mentioning the IA on behalf of the students of Government Pre University College for Girls in Udupi, senior advocate Prof Ravivarma Kumar informed the court that the IA seeks clarification in the interim order passed by the full bench on February 10, restraining students from use of any religious garments over the uniform.

It was stated on behalf of the petitioners that the students will comply with the interim order passed by the full bench and will not wear any scarf or hijab in the classroom. However, they have requested the court to allow them to use the uniform stole, which is a part of the uniform, over their head. The IA further stated that since it may take considerable time to decide the larger issues involved in the petitions, the court may grant the request of the students to use the uniform dupatta so that they can continue their studies.

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Meanwhile, Ravivarma Kumar also mentioned another IA requesting the court to adjourn the hearing till February 28 in the wake of political parties using the details of the case for their political gain in the ongoing elections in five states. The IA stated that the political parties are indulging in polarising the society and pitching the communities against each other, which is not a good sign in a pluralistic, democratic and secular country.

The bench headed by Chief Justice Ritu Raj Awasthi noted that the applications have not been listed before the bench. The bench also said that requests have been made time and again to the media and public at large not to write oral observations of the proceedings. On the request to defer the hearing in view of the elections, the bench orally told Prof Ravivarma Kumar that the matter can be considered if the request is made by the election commission. The hearing has been adjourned to Tuesday.

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Earlier, senior advocate Devadatta Kamath continued his arguments on behalf of the petitioner students from the college in Kundapura in Udupi district. He reiterated that the government order dated February 5, 2022, declaring that wearing a headscarf does not fall under Article 25 is totally erroneous. He further said that delegation to the College Development Committees (CDCs) to decide whether to permit the wearing of hijab is a total abdication of the state’s responsibility.

Asserting that ‘public order’ is the only way by which the state is proposing to refrain students from wearing hijab, Devadatta Kamath said ‘public order’ is an essential executive function and has to be decided by the state and not by a local MLA headed CDC.

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