Feb 5 govt order doesn't ban hijab, insists AG in HC

Bengaluru: Amid the raging row over the Hijab issue in Karnataka, the state government has told the High Court that its order dated February 5 did not ban the headscarf but only delegated the powers to decide the school uniform to the College Development Committees (CDC).

The government took a conscious stand not to intervene in the matters related to religious symbols in the educational institutions and hence it delegated the powers to decide the school uniform to the CDCs, comprising the local MLA, Advocate General Prabhuling Navadgi told a full bench of the High Court, led by Chief Justice Ritu Raj Awasthi, on Friday.

"The conscious stand of the state with all responsibility I state that we do not want to intervene in these kind of matters in so far as matter relates to religious symbols issues in the educational institutions," Navadgi told the full bench of the Karnataka High Court during a hearing in connection with the Muslim girsls' plea against the Hijab ban.

"But I must say they unnecessarily dragged us into this and made it into an issue when in a plain reading of the February 5, 2022 order, we have not prohibited Hijab. In fact, we have given complete autonomy to the CDC as well as the private college management," the AG argued further.

He was referring to the charges of the petitioner Muslim girls who claimed the Government Order (GO) on February 5, restricting students from wearing cloth which can disturb peace, harmony and law and order, was illegal and it was issued without the 'application of mind'.

"The attack on the government on this GO saying that this is irrational, gives a communal colour and discriminates against the Muslim women, is absolutely without basis. It does not affect their rights. It is an innocuous order. The government has left it to the institutions on the issue of the uniform," Navadgi argued.

Meanwhile, in the SJVP College at Harihar in Davangere district, girls wearing hijab were denied entry. The pupils refused to go inside without the scarf, stressing that it was as important as education and they cannot give up their right.

In Vijay Paramedical College in Belagavi district, students complained to the reporters that a holiday was announced by the institution for an indefinite period due to the hijab issue. "We will not sit without headscarves. Let the college realise how it affects our education. The principal is not listening to us," a student told the media.

In Ballari, a group of girls were not allowed inside the Sarala Devi College, which has been witnessing protests from the day the controversy erupted and the government had ordered that no one should wear clothes that could disturb peace, harmony and, law and order.