The petitioner has claimed that her fundamental rights are being violated by the college debarring her and other Muslim students from attending regular classes until they remove their headscarf/hijab.
The February 5 government order (GO) issued by the State government, by which college development committees were directed to prescribe school/college uniform for students, effectively resulting in the ban on wearing of hijab, has also been challenged.
“…it is pertinent to also note that while the impugned G.O. questions the “essential” nature of the practice of wearing a hijab/headscarf by Muslim women, the issue of a religious practice satisfying the essentiality test is already pending consideration before a nine judge bench of this Hon’ble Court in Kantaru Rajeevaru v. Lawyers’ Association,” the plea stated.
Moreover, it argued that the issuance of the GO by the State government is beyond the purview of its powers under the Karnataka Education Act, 1963.
“Section 7, which the State Government purportedly relies upon to direct the ‘college development committees’ to prescribe students’ uniforms is actually confined only to the prescription of curricula for any course of instruction, its duration, medium of instruction etc. The same has absolutely nothing to do with the prescription of uniforms…
…It is astounding as to how the Respondent No.1, State of Karnataka has turned the aforesaid provision which fosters inclusivity and unity in diversity, and uses it as a tool to exclude one of the most vulnerable sections of the country from attending classes.”
Source: Barandbench
