BENGALURU: "Ours being a civilised society, no person in the name of religion, culture or the like can be permitted to do any act that disturbs public peace and tranquillity. Endless agitations and closure of educational institutions indefinitely are not happy things to happen", the Karnataka High Court observed in the interim order passed restraining all the students regardless of their religion or faith from wearing saffron shawls (Bhagwa), scarfs, hijab, religious flags or the like within the classroom, until further orders.
However, in the interim order released on Friday, the court makes it clear that this order is confined to those institutions where the College Development Committees have prescribed the student dress code/uniform and the hearing of these matters on an urgent basis will continue.
The three-judge bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and JM Khazi passed the interim order as indicated towards the end of the hearing on Thursday evening with regard to the batch of pleas filed by Muslim students from Udupi district questioning the uniform prescribed by the state government.
"Firstly, we are pained by the ongoing agitations and closure of educational institutions since the past few days, especially when this court is seized of this matter and important issues of constitutional significance and of personal law are being seriously debated," the court noted after hearing the arguments of the petitioners.
"It hardly needs to be mentioned that ours is a country of plural cultures, religions and languages. Being a secular state, it does not identify itself with any religion as its own. Every citizen has the right to profess and practice any faith of choice, is true. However, such a right not being absolute is susceptible to reasonable restrictions as provided by the Constitution. Whether wearing hijab in the classroom is a part of essential religious practice of Islam in the light of constitutional guarantees, needs a deeper examination. Several decisions of apex court and other High Courts are being pressed into service," the court said in the interim order.
The court noted that the stretching of academic terms would be detrimental to the educational careers of students especially when the timelines for admission to higher studies/courses are mandatory. The interest of students would be better served by their returning to the classes than by the continuation of agitations and consequent closure of institutions. The academic year is coming to an end shortly. "We hope and trust that all stakeholders and the public at large shall maintain peace and tranquillity", the court said.
The court will continue further hearing on Monday, February 14.