‘If bangles, bindis and ghoongats are permitted, why not hijab’: Petitioners in Karnataka HC

Karnataka High Court on Wednesday resumed hearing the petition filed by Muslim girls challenging restrictions on wearing religious headscarves in classrooms, with the petitioners’ counsel Ravi Varma Kumar asking the judges why the Hijab was being singled out when there were "hundreds of religious symbols from dupattas, bangles, turbans, crosses and bindis" worn by people every day.

"I am only showing the vast diversity of religious symbols in all sections of the society. Why is the government picking on hijab alone and making this hostile discrimination? Bangles are worn? Are they not religious symbols? Why are you picking on these poor Muslim girls?" he said.

"This is only because only of her religion that the petitioner is being sent out of the classroom. A bindi wearing girl is not sent out. A bangle wearing girl is not. A Christian wearing cross is not touched. Why only these girls? This is a violation of Article 15 of the Constitution," Kumar said.

"Ghoongats are permitted. Bangles are permitted. Why only this (Hijabs)? Why not the turban of a Sikh, the cross of the Christians?" he said.

"No other religious symbol is considered... Why only hijab? Is it not because of their religion? Discrimination against Muslim girls is purely on the basis of religion and hence a hostile discrimination," Kumar argued.

Protesting instances where students were punished or removed from class for wearing the hijab, the lawyer said, "We are not permitted. We are not heard but punished straight away. Can it be more draconian? Can they be called teachers?"

"It is full of prejudice because of the religion. No notice, straight away sent out of the classroom, by persons without authority," he said.

"Judicial note is to be taken that Muslim girls are least represented in classrooms. If they are shut out on this pretext, it will be very draconian," Kumar said.

The arguments in the case come amid simmering tension in Karnataka where late last year, at least four schoolgirls were prevented from wearing the Muslim headscarf, sparking protests that have since spread even to other states.

The Karnataka High Court has imposed a temporary ban on the wearing of all religious symbols in schools while it considers the headscarf ban.

The bench comprising Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and JM Khazi started hearing the case last Thursday and proceeded to pass an interim order, directing students not to wear hijab, saffron shawls (bhagwa) or use any religious flags while attending classes in Karnataka colleges which have a prescribed uniform in the interim.

On Tuesday, the petitioners submitted before the three judge bench that the secularism practiced in India was different from that of other countries like Turkey, which had banned the wearing of hijab in public.

The matter was earlier being heard by single-judge Justice Krishna S Dixit who on February 9, referred it to a larger Bench stating that the case involves important issues.

The petitioners had filed an appeal before the Supreme Court against the interim order but the top court is yet to hear the same.