THE HIJAB VERDICT & THE STORIES BEHIND

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Messed up the puddle..  Did they catch the fish..

 THE THE HIJAB VERDICT & THE STORIES BEHIND VERDICT & THE STORIES BEHIND


Over the past week, all the Social Media Platforms have been buzzing and exchanging information on a specific topic. Yes. It was about the hijab case handled by the Karnataka High Court. Oh no. It was a case of WHETHER OR NOT HIJAB CAN BE WORN IN EDUCATIONAL INSTITUTIONS.

 

A month before in January 2022, a government-run Girls College at Udupi, had asked few students, to avoid hijab within the campus, as per their uniform policy. After arguments from the girls’ side, the college allowed them to wear the hijab on campus, but refused them into classes. (The college had decided in 2004 to make uniforms compulsory. The government had left it to the colleges to decide uniforms and there was no problem with them for 20 years). I really wonder, the same girls had attended their first year college without hijabs and burqas; they had them removed before entering their classes, no issues, no complaints.

 

Being brought to the attention of CFI (Campus Front of India), PFI, SDPI and other Muslim based organisations, related NGO’s and the so-called social activists, had met the parents of these girls and had offered help and insisted on challenging the college management. Yes, they messed up the puddle for a big catch!

 

Following this, the College Development Committee (CDC) held a meeting with parents of all students and declared that the college would continue with its uniform code, which does not allow for hijab. Being brought to the lights of media, Hindu students in few other colleges, in Karnataka started a saffron protest, wearing a saffron shawl, and insisted on removal of hijab by their fellow classmates. The ruling BJP government in Karnataka condemned this act of indiscipline by the students, insisted to maintain the uniform code (no hijabs, no saffron shawls) within campuses, supporting Equality and Unity among students. The controversy was intensified by the Muslim students; the Karnataka Government had to close the high schools and colleges for 3 days. Protests and agitations went on till the end of February.

 

Meanwhile, the Udupi College girls had filed a writ petition, upon the legal advice of CFI. The petition sought the wearing of hijab, an essential Islamic practice, and to be recognised as a fundamental right under Article 14 & 25 of the Indian Constitution. 5 petitions were filed separately representing 18 students. On Hearing, the Justice Krishna S. Dixit, decided for a full bench, constituted by Chief Justice Ritu Raj Awasthi, Justice Dixit himself and Justice Khazi Jaibunnisa Mohiuddin.

 

The bench initially passed an interim order to reopen the institutions and insisted the students to follow uniform code, no hijab or saffron shawl within the campus. After this, a few members of Tamilnadu Thoweed Jamaad TNTJ, threatened the judges. The judges were given Y Security and the accused were arrested.

 

The Advocate general (AG) of the state, Prabhuling Navadgi, challenged the petitioners efficiently and excellently. He claimed that the petitioners failed to prove that wearing of hijab is an essential practice. The AG and other lawyers representing the state, CDC, MLA, teachers etc. stated that the right to freedom of expression is ‘forum internum’ and applied to inner convictions and inner thoughts, while the right to practice religion is ‘forum externum’ and applies to the outwardly expression/manifestation of one’s faith or practice. They also stated that these rights are subject to reasonable restrictions.

 

The Bench gave a verdict, a big verdict, a bold & rightful verdict on March 15, 2022, that wearing the hijab is a cultural practice, not an essential religious practice and dismissed all the petitions filed by Muslim girl students seeking permission to wear hijab in educational institutions. The Karnataka High Court upheld the Karnataka Government’s order on adhering to uniform in  the educational institutions. It clearly stated that school uniforms promote harmony and spirit of common brotherhood transcending religious or sectional diversities.

The girls then moved to the Supreme Court but was refused urgent listing of appeal, due to the Holi vacation. Reportedly, the Members of Jamaat-e-Islami Hind and other Muslim groups called for a bandh in Karnataka and staged protests against the high court order on hijab.

 

To understand the right way, the hijab has been banned only within educational institutions and it has nothing to do with interfering the Sharia Law. Following the HC’s verdict, several Islamic religious outfits in different parts of the country have been protesting against the order. A video went viral, showing TNTJ auditing committee member Kovai Rahmathullah purportedly saying that a judge who pronounced a “wrong” verdict was killed in Jharkhand. “There are some emotional people in our community. If something happens to them (judges), BJP is waiting for an opportunity to blame us,” he was quoted as saying in the video by TOI. Two people from Tamil Nadu were arrested on Saturday for allegedly issuing death threats to the Karnataka High Court judges who delivered the verdict in Hijab case on March 15, police said. Tamil Nadu police, upon political pressure arrested Kovai Rahmathullah from Tirunelveli and S Jamal Mohammed Usmani from Thanjavur. Both the accused are members of Tamil Nadu Thowheed Jamath (TNTJ), an Islamic religious organisation, reported the Times of India. Police also booked the outfit’s Thanjavur district leader Rajik Mohammed for making derogatory remarks against Karnataka HC judges.

 

Speaking of the devil, where do these people get the guts to threaten the peace in the nation, to threaten the lives of the officials, to talk ill of the nations Prime Minister or any minister. Doesn’t their religion teach them to accept the truth, love mankind and live in harmony and peace.

 

It must be said that this verdict has caused a great uproar throughout the country. Ban on wearing hijab has become a topic of discussion in many other Karnataka schools and colleges and also in other states of India. The play they composed against the BJP seems to have come back to them…

 

 

Nandhini Kathiravan

nandhinikathiravan@yahoo.com

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