The controversy surrounding the ban on wearing hijab to a college in Karnataka has reached court with Muslim girl filing a petition before the Karnataka High Court, arguing that the college is discriminating against her and other female Muslim students by denying them entry on the sole ground of them wearing a hijab [Resham v State of Karnataka and Ors].
The petitioner alleged that Government PU College, located in Udupi, stopped her and other female Muslim students from attending classes on the ground that they wear a hijab (headscarf). The college has continued to deny them entry to their premises and classes, the plea stated.
The petitioner contended that the freedom of conscience and the right to religion are both guaranteed by the Constitution.
Despite that, the petitioner and other girl students were singled out arbitrarily for belonging to the Islamic faith, thus denying them access to the college and the right to education, the petition said.
Further, the manner in which they were ousted created a stigma against them among her batch mates, affecting their mental health as well as their future prospects, it was submitted.
Specifically on the aspect of hijab, the plea claimed that it is an essential part of Islam and enjoys protection under Article 25(1) of the Constitution which confers the right freely to profess, practise and propagate religion.
Article 25 protects the said dress code, which does not offend public order, morality, or health. By singling out the petitioner merely on account of her clothes, she has been denied of her right to education and is being subject to unreasonable restrictions against constitutional morality, it was claimed.
"Taking away the practice of wearing the Hijab from women who profess the Islamic faith, results in a fundamental change is the character of the Islamic religion. For this reason, the practice of wearing the Hijab constitutes as an essential and integral part of Islam," the plea stated.
Recently, the Kerala government has issued an order clarifying that hijab or anything which highlights religious symbols cannot be allowed as part of the uniform of Student Police Cadet (SPC) project.