K'taka Chief Justice forms 3-ajudge Bench

Bengaluru: Chief Justice of Karnataka Ritu Raj Awasthi constituted a three-judge Bench to hear the hijab row from Thursday. The Bench will include the CJK, Justice Krishna S Dixit and Justice Khazi Jaibunnisa Mohiuddin.

The Karnataka High Court on Wednesday referred the hearing petitions challenging the hijab ban in certain colleges in the state to a larger Bench.

Meanwhile, the Karnataka police have banned protests, agitations, demonstrations and gathering within the area of a 200-metre radius from the gate of schools, PU colleges, degree colleges or other similar educational institutions in Bengaluru city for two weeks.

Calm prevailed on Wednesday in the educational institutions which witnessed tense moments over the hijab row earlier, as the state government had on Tuesday ordered the closure of all high schools and colleges in the state for three days. Most of them returned to the online mode of teaching, sources said. Primary schools functioned as usual across the state without any interruption.

"In view of the enormity of questions of importance which were debated, the court is of the considered opinion that the Chief Justice should decide if a larger Bench can be constituted in the subject matter," Justice Krishna S Dixit said.

Earlier in the day, the Bench was also of the view that the interim prayers should also be placed before a larger Bench that may be constituted by Chief Justice Awasthi exercising his discretion, Justice Dixit noted in the order.

"All these matters essentially relate to the proscription of the hijab (headscarf) while prescribing the uniform for students who profess the Islamic faith. Rule 11 of the extant rules promulgated under the Karnataka Education Act, 1983 authorises the management of institutions to prescribe uniform, subject to certain conditions.

The recent Government Order dated 05.02.2022 which arguably facilitates enforcement of this rule is also challenged," the court noted in its final order on Wednesday.

During the hearing on Wednesday, senior advocate Sanjay Hegde appearing on behalf of some of the students argued that the Karnataka Education Act does not empower the state government to prescribe uniforms in colleges. Hegde argued that the crux of the issue was about whether the state government has administrative powers to prescribe uniforms.

The state advocate general Prabhuling Navadgi argued that the "petitions were misconceived". He argued that the government order of February 5 does not prescribe uniforms but leaves it to the discretion of colleges to decide on the uniforms. "Each institution has been given autonomy. Therefore prima facie case is not made out," he said.

The Karnataka Cabinet, which met on Wednesday morning before the High Court order came in, decided to wait for its verdict on the hijab row, before taking any further decision on the matter, which has snowballed into a major controversy.

"We (at the Cabinet) discussed the hijab row, but as the High Court is hearing the matter, we felt it is not appropriate for the Cabinet to take any further decisions on the issue today (Wednesday). It was decided to wait for the court's verdict before taking any decision," Law and Parliamentary Affairs minister J C Madhuswamy said.

As protests for and against the wearing of the headscarf by Muslim women students in classrooms intensified in different parts of Karnataka and turned violent in some places, the government on Tuesday declared a holiday to all high schools and colleges in the state for three days.

Last week, the government had issued an order making uniforms prescribed by it or the management of private institutions mandatory for its students at schools and pre-university colleges across the state.

Meanwhile, Congress leader Priyanka Gandhi Vadra said on Wednesday that whether it is a bikini, a 'ghoonghat', a pair of jeans or a hijab, it is a woman's right to decide what she wants to wear. She asserted that this right is guaranteed by the Constitution.

"Whether it is a bikini, a ghoonghat, a pair of jeans or a hijab, it is a woman's right to decide what she wants to wear," Vadra tweeted.

"This right is GUARANTEED by the Indian constitution. Stop harassing women," she said using the hashtag 'ladkihoonladsaktihoon'.

Asked about the controversy at a press conference in Lucknow, the Congress general secretary reiterated that a woman is free to choose what she wants to wear.

"Have I started the debate on the hijab? A woman has the right to choose whether she wants to wear a bikini, a hijab, a 'ghoonghat', a saree or a pair of jeans. There is no politics in this and also there should be no politics. No one has any right to tell a woman what she can wear," she said.

Karnataka Home minister Araga Jnanendra and Revenue minister R Ashoka on Wednesday accused the Congress of fuelling the Hijab row.

"Congress leaders are adding fuel to the fire in connection with the Hijab issue. If they continue to do so in future, people in Karnataka will throw them in the Arabian Sea," Jnanendra told reporters here.

He said Congress Karnataka chief D K Shivakumar has given wrong information to the media that the Indian tricolour was brought down in Shivamogga and was replaced with a saffron flag.

Denouncing Congress, Ashoka said, "It is not good for the Congress to instigate people. They give some statements and instigate people. Congress' conspiracy is clearly visible in this issue. One section is fanning this issue while the other is trying to douse it."