BENGALURU: Seeking judicial sanction for every woman to wear hijab is impermissible and it would violate the dignity of women. Therefore, women cannot be subjected to the compulsion of dress and it would be left to the women concerned. While deciding the issue, the court should keep in mind the dignity of women.
Advocate General (AG) Prabhuling K Navadagi made this submission before the Karnataka High Court, before parting with his arguments while quoting a Hindi song which he listened today morning "Naa moonh chupake jiyo aur naa sar jhukake jiyo gamon ka daur bhi ayee to muskarake jiyo".
The translation of the song is "Live neither with your face hidden nor live with your head bowed, even when the time of sorrow comes, live with a smile".
Arguing before the full bench of Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and JM Khazi during the hearing of a batch of petitions questioning the order issued by the state government on February 5, 2022, banning the hijab in school and college campuses where the College Development Committee (CDC) is constituted, he specifically pointed out that there is no discrimination based on religion.
Arguing that there is no prohibition to wear hijab in our country, but it is subject to reasonable restrictions within the institutional disciplines like schools, hospitals, military establishments, etc., AG pointed out that there is no mention of wearing hijab as an essential religious practice in Quran and the entire frame of the petition is a compulsion.
He argued that petitioners should demonstrate beyond the doubt what is compulsorily followed. Under Article 19(1)(a) of the constitution, no prohibition to wear hijab in our country, but it is subject to reasonable restrictions under 19(2) which can be imposed within the institutional discipline like schools, hospitals, military establishments, etc., he added.
Clarifying that there are no restrictions inside the institution and it is only inside the class, he argued that nobody can wear anything else beyond uniform in class irrespective of community, religion, etc.
A senior counsel appearing for the teachers of the Government PU College, Udupi, who have been made as respondents in a petition, reiterated the arguments of the state government that hijab is not an essential religious practice and it is for the state to ensure law, public order, and morality.
Meanwhile, the AG claimed that the government does not interfere in any manner in the private unaided minority institutions in regard to the uniform issues. Hence the court disposed of a petition filed by Karnataka State Minorities Educational Institutions Managements Federation, saying that it is not required to interfere in the matter.
The court indicated that it will conclude the hearing by the end of this week.