Senior advocate AM Dar submitted that the Government Order (GO) banning the hijabs was unconstitutional and cryptic in nature
Petitioners challenging the hijab ban on Thursday told the Karnataka High Court that banning the hijab was tantamount to banning Quran, according to several media reports.
As per Live Law, Dr Vinod Kulkarni, appearing on behalf of petitioners against the government order, began by saying that the hijab issue was creating hysteria and was affecting the mental health of Muslim girls. He added as per the Preamble of the Constitution, guarding health is the duty of the State.
Kulkarni said, “Interim relief I am claiming is that pass an order to let Muslim girls sport hijab at least on Friday, on Juma day, most auspices day for Muslims and the holy month of Ramzan, which is coming soon.” The chief justice said that in prayer A, they say students should wear stipulated uniforms, in prayer B they say allow to wear a uniform with hijab. To this, Kulkarni replied that a hijab is part of the uniform.
The chief justice said if Kulkarni wanted them to allow hijabs on Fridays, they would consider what he argues, Live Law said.
As per Bar & Bench, quoting a song sung by late Lata Mangeshkar Kuch pakar kuch khona hain kuch khokar kuch pana hai, Kulkarni said, “we have to lose something to gain something more.”
As per ANI, police have clamped prohibitory orders in Hubballi-Dharwad under Section 144 of the Code of Criminal Procedure (CrPC) within a 200-metre radius of all educational institutions with immediate effect till 28 February.
Police commissioner Labhu Ram, in the order, stated, “In exercise of the powers conferred under section 144(1) CrPC of- 1973, I, Labhu Rum, IPS, Commissioner of Police and Additional District Magistrate, Hubli-Dharwad City hereby prohibit any gathering, agitation or protest of any type within the area of 200-metre radius from the gate(s) of the Schools, PU Colleges, Degree Colleges or other similar Educational Institutions in Hubli-Dharwad twin City. With immediate effect i.e. from 16-02-2022 to 28-02-2022.”
He further said that any violation of the above-mentioned order shall be liable for prosecution under the provisions of Section 188 of the Indian Penal Code (IPC), ANI said.
“If anyone considers having been adversely affected by this order, he/she can file an appeal to modify or cancellation of this order under section 144(5) and 144(6) to this office or the Government of Karnataka respectively,” the order reads.
The move comes amid the ongoing ‘hijab-saffron shawl’ controversy, ANI said.
Meanwhile, Karnataka’s educational institutions, State Minister of Primary and Secondary Education BC Nagesh on Wednesday said that all schools are running properly and incidents of girls returning from school were reported in only 2-3 institutions.
According to ANI, the hijab protests in Karnataka began in January this year when some students of Government Girls PU College in the Udupi district of the state alleged that they had been barred from attending classes. During the protests, some students claimed they were denied entry into the college for wearing hijab.
Following this incident, students of different colleges arrived at Shanteshwar Education Trust in Vijayapura wearing saffron stoles. The situation was similar in several colleges in the Udupi district.
The Pre-University Education Board has released a circular stating that students can wear only the uniform approved by the school administration and no other religious practices will be allowed in colleges, ANI said.
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