Bengaluru: Amid continuing tensions over wearing of hijab by a section of students in the state, a single-judge bench of the Karnataka High Court, hearing petitions in the matter, on Wednesday referred the case to a larger bench.
“This is a fit case for inquiry by the Chief Justice. The bench of the Chief Justice has the authority to form an extended bench to hear the case.
“This matter needs urgent hearing, submit complaints and documents to the bench of Chief Justice,” Justice Krishna S. Dixit said.
The decision on interim order regarding uniform and wearing of hijab shall also be taken by the Chief Justice, he added.
“There are questions related to the Constitution, there are aspects related to personal laws. Half a dozen court verdicts have been discussed. I have verified more than 12 orders in this regard. There are arguments and counter-arguments related to the case. Let the Chief Justice decide on handing over the matter to an extended bench,” Justice Dixit said.
Soon after the hearing resumed, the bench told the petitioners that if they agree, the matter would be handed over to the extended bench.
“I have verified the documents submitted regarding the case. There is a necessity to hand over the case to an extended bench.”
However, counsel for the students requested the bench to give interim order as only two months are left for this academic year. They sought an order on Wednesday only so that students could go to colleges.
Advocate General Prabhuling Navadagi, appearing for the government, submitted that everyone is looking forward to the court’s ruling. He also prayed against an interim order as it would amount to acceptance of the petition submitted.
Stating that he appreciates the sensitivity of the court, he contended that every institution has autonomy and it is the duty of the students to come in uniform.
“Wearing of hijab is not a fundamental religious practice of Islam. Other court benches have clarified this. While many nations have banned wearing of hijab in public places, several colleges in the country have banned hijab on the premises,” he said.
The students have questioned the decision of the government. The government has provided power to the college authorities to take decisions, the government counsel submitted.
Protests in Kolkata
Hundreds of students in the eastern Indian city of Kolkata chanted slogans and blocked roads in protest of a hijab ban in Karnataka.
The row has drawn in Malala Yousafzai, the campaigner for girls’ education and Nobel Peace Prize laureate who survived being shot aged 15 by a Taliban gunman in her native Pakistan in 2012, who asked Indian leaders in a tweet to “stop the marginalisation of Muslim women”.
The protesting students in Kolkata on Wednesday were predominantly women wearing hijabs, a Reuters eyewitness said, adding the demonstrations were without incident. The students told Reuters that they plan to reconvene on Thursday.
“We will keep protesting until the government stops insulting the students,” said Tasmeen Sultana, one of the protestors. “We want our fundamental rights backyou cannot take away our rights.” Protests have also been planned on Wednesday in India’s capital New Delhi.
“Refusing to let girls go to school in their hijabs is horrifying. Objectification of women persists “ for wearing less or more,” Yousafzai said in a tweet late on Tuesday.
Protests banned
Meanwhile, Karnataka Police on Wednesday prohibited gatherings, agitations or protests of any type within the area of 200-metre radius from the gates of schools, pre-university (PU) colleges, degree colleges or other similar educational institutions in Bengaluru city for two weeks with immediate effect.
The order will remain in effect till February 22.
The official order read: “Kamal Pant, IPS, Commissioner of Police and Additional District Magistrate, Bengaluru City, hereby prohibit any gathering, agitation or protest of any type within the area of 200 mtrs radius from the gate(s) of the Schools, PU Colleges, Degree Colleges or other similar Educational Institutions in Bengaluru City, for a period of two weeks with immediate effect i.e. from 9-2-2022 to 22-2-2022.”
The order highlighted that, in the last few days, protests and agitations have been held in connection with strict enforcement of schools/colleges Uniform Rules. “Whereas, at some places, these protests have lead to violence, disturbing public peace and order. Since the possibility of similar agitations/ protests being held in Bengaluru city cannot be ruled, it is very essential to initiate proper security measures to maintain public peace and order in Bengaluru city,” it read.
The hijab protests began in January this year when some students at the Government Girls PU college in Udupi district in Karnataka 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 the same in several colleges in the Udipi district
The pre-University education board had 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.
Following these protests, a three-day holiday from February 9 has been declared in all the universities under the Department of Higher Education and colleges under the department of Collegiate and Technical Education (DCTE).
15 held over violence
Meanwhile, tension prevailed in Karnataka in the backdrop of incidents of violence reported due to the hijab row. The police have arrested 15 persons so far.
In spite of curfew orders in Shivamogga district, the NSUI members on Wednesday morning entered First Grade Degree College and PG Research Centre. They brought down the ‘Bhagva Dhwaj’ or saffron flag and hoisted the Tricolour on Wednesday morning. The police rushed to the spot and dispersed the crowd. They have secured both the flags.
Authorities have clarified that ‘Bhagva Dhwaj’ was hoisted on the empty flag post in Shivamogga college on Tuesday. They have denied that Bhagva Dhawj was hoisted after taking down Tricolour.
Meanwhile, some Hindu organisations have given a call for bandh in the Banahatti town in Bagalkot district to condemn the violence.
The police has arrested 15 persons in connection with the violence that broke out on Tuesday and sent them to judicial custody in Shivamogga and Bagalkot districts where the hijab crisis has taken a communal turn, according to sources.
Education Minister B.C. Nagesh said on Wednesday that action will be initiated against people who are behind raking up hijab row in the state. Only a few students are demanding hijab, they are not even listening to their own community leaders. In spite of the protests relating to hijab, the attendance of the students has not fallen.”
Rs500,000 reward for courageous student
Meanwhile, the student Muskaan Khan, who faced the wrath of the crowd raising slogans of “Jai Sri Ram” on a college premises, said that she will abide by the court order regarding the wearing of hijab.
Muskaan, the student of PES College of Arts, Science and Commerce in Mandya district, was heckled by the crowd on the college premises for wearing burqa. She confronted the crowd, chanting the counter slogan of “Allah-hu-Akbar” even as hundreds of students chased and raised slogans of “Jai Sriram”. The video has gone viral on social media, raising concerns all over the state.
Appreciating her courage, the Jamiat Ulema-e-Hind has announced a Rs500,000 award for standing up for her rights.
While interacting with reporters, Muskaan said that she had been to the college to submit an assignment to the department. “I was stopped at the gate by a group of students. They asked me to enter the college without burqa or else go back to my home. I resisted,” she said.
“The group was doing the same to my other friends also. I questioned them why I should go back to my house and not enter the college premises. Some of them came close to my ears and shouted ‘Jai Sriram’. They followed me and shouted that I must take out the burqa but I stood my ground,” she explained.
“I was not scared. I responded with “Allah-hu-Akbar” slogans without fear. Nothing wrong in the crowd raising ‘Jai Sriram’ slogans and me saying ‘Allah-hu-Akbar’’ slogans. I am waiting for the court order and abiding by the order,” she said.
Muskaan said that the college authorities have supported and protected her. “Every religion has freedom to follow their culture. We will follow our culture,” he said.
