{"id":263750,"date":"2022-03-15T18:23:44","date_gmt":"2022-03-15T12:53:44","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=263750"},"modified":"2022-03-25T09:32:33","modified_gmt":"2022-03-25T04:02:33","slug":"the-uniform-can-exclude-any-other-apparel-like-bhagwa-or-blue-shawl-that-may-have-the-visible-religious-overtones","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2022\/03\/15\/the-uniform-can-exclude-any-other-apparel-like-bhagwa-or-blue-shawl-that-may-have-the-visible-religious-overtones\/","title":{"rendered":"The uniform can exclude any other apparel like bhagwa or blue shawl that may have the visible religious overtones ; Kar HC upholds Hijab Ban"},"content":{"rendered":"
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\u201cThe Holy Quran does not mandate wearing of hijab <\/em>or headgear for Muslim women rather it was traditionally worn as a measure of social security\u201d<\/span><\/p>\n<\/blockquote>\n

Karnataka High Court: <\/strong>A Full Bench of Ritu Raj Awasthi CJ, Krishna S. Dixit J and J. M Khazi J. dismissed the petitions being devoid of merit.<\/p>\n

Writ Petition Details <\/strong><\/span><\/h4>\n
    \n
  1. W.P No. 2347 of 2022<\/strong> praying for a direction to the respondents to permit the petitioner to wear hijab (head \u2013 scarf) in the class room, since wearing it is a part of \u2018essential religious practice\u2019 of Islam.<\/li>\n
  2. WP No. 2146 of 2022<\/strong> praying to initiate enquiry against the Respondent 5 college and Respondent 6 i.e. Principal for violating instruction enumerated under Chapter 6 heading of \u201cImportant information\u201d of Guidelines of PU Department for academic year of 2021-22 for maintaining uniform in the PU college, conduct enquiry against the Respondents for their Hostile approach towards the petitioners students and interfering in the administration of Respondent no 5 school and promoting their political agenda.<\/li>\n
  3. WP Nos. 2880 of 2022, 3038 of 2022 & 4309 of 2022<\/strong> challenges G.O. dated 05-02-2022 issued under section 133 read with sections 7(2) & (5) of the Karnataka Education Act, 1983 (hereafter \u20181983 Act\u2019) provides that, the students should compulsorily adhere to the dress code\/uniform as follows:<\/li>\n<\/ol>\n

    a. in government schools, as prescribed by the government;<\/p>\n

    b. in private schools, as prescribed by the school management;<\/p>\n

    c. in Pre\u2013University colleges that come within the jurisdiction of the Department of the Pre\u2013University Education, as prescribed by the College Development Committee or College Supervision Committee; and<\/p>\n

    d. wherever no dress code is prescribed, such attire that would accord with \u2018equality & integrity\u2019 and would not disrupt the \u2018public order\u2019.<\/p>\n

    4. WP No.3424 of 2022<\/strong> prayed to permit Female Muslim students to sport Hijab provided they wear the stipulated school uniform also.<\/p>\n

    5. WP No.4338 of 2022<\/strong> prayed that the CBI\/NIA or such other investigating agency should make a thorough investigation in the nationwide agitation after the issuance of the GO to ascertain the involvement of radical organizations such as Popular Front of India, Students Islamic Organization of India, Campus Front of India and Jamaat-e-Islami; to hold and declare that wearing of hijab, burqa or such \u201cother costumes by male or female Muslims and that sporting beard is not an integral part of essential religious practice of Islam\u201d and therefore, prescription of dress code is permissible.<\/p>\n

    \u00a0<\/strong>Issues Framed<\/strong><\/span><\/h4>\n
      \n
    1. Whether wearing hijab<\/em>\/head-scarf is a part of \u2018essential religious practice\u2019 <\/em>in Islamic Faith protected under Article 25 of the Constitution?<\/li>\n
    2. Whether prescription of school uniform is not legally permissible, as being violative of petitioners Fundamental Rights inter alia <\/em>guaranteed under Articles, 19(1)(a), (i.e., freedom of expression<\/em>) and 21, (i.e., privacy<\/em>) of the Constitution?<\/li>\n
    3. Whether the Government Order dated 05-02-2022 apart from being incompetent is issued without application of mind and further is manifestly arbitrary and therefore, violates Articles 14 & 15 of the Constitution?<\/li>\n
    4. Whether any case is made out in W.P.No.2146 of 2022 for issuance of a direction for initiating disciplinary enquiry against respondent 6 to 14 and for issuance of a Writ of Quo Warranto <\/em>against respondent 15 & 16?<\/li>\n<\/ol>\n

      Court\u2019s Observations<\/strong><\/span><\/h4>\n

      Issue 1<\/strong>\u00a0<\/strong><\/span><\/p>\n

      What is an essential religious practice? <\/strong><\/span><\/p>\n

      Indian Young Lawyers Association surveyed the development of law relating to essential religious practice and the extent of its constitutional patronage consistent with the long standing view. Ordinarily, a religious practice in order to be called an \u2018essential religious practice<\/em>\u2019 should have the following indicia:<\/p>\n