SC hijab row verdict: Karnataka awaits ‘clear decision’ from larger bench
The Supreme Court’s verdict on a batch of pleas challenging the Karnataka High Court order refusing to lift the government ban on hijab in educational institutions, elicited mixed emotions from both pro- and anti-hijab groups across Karnataka on Thursday. After the split verdict of Justice Hemant Gupta and Justice Sudhanshu Dhulia, the case has been referred to a larger bench of the apex court. The coastal districts of the state are awaiting a ‘clear decision’ from the SC’s larger bench.
The state government, which banned hijabs at school and college campuses, was quite happy with the verdict. Citing the verdict, sources in the government said the ban can continue to be in place for the time being. It was necessary, they said, to maintain the law and order. Muslim leaders, on the other hand, lamented that the ’needless’ controversy was hampering the education of Muslim girls.
State government stands by the decision
Immediately after the verdict, the Primary and Secondary Education Minister BC Nagesh, who banned the hijab at school and college campuses, said that he was expecting a better judgement. “The Karnataka High Court verdict upholding the government’s order on banning the hijab is valid as of today and we follow the rules framed according to the Karnataka Education Act. There will be no scope for any religious symbols,” he said. “As a democratic government, we welcome the verdict. Throughout the world, women are demanding not to wear hijab and burqa,” he added. The government will wait for the verdict of the larger bench, Nagesh said.
Home Minister Araga Jnanendra said that the government had decided in the interest of the overall development of the students. “We stand by this decision and we seek suggestions from the legal experts,” he said.
Minister for Kannada and Culture V. Sunil Kumar said that there was no question of reversing the state government’s order issued on February 5, banning the hijab and other religious symbols in educational institutions of the state.
Also read: Hijab case: Supreme Court delivers split verdict
Muslim leaders are ‘partially satisfied’
However, Muslim leaders said they were “partially satisfied” with the verdict as they felt that one judge had acknowledged their views. Munir Katipalla, a leader of the Communist Party of India (Marxist), Mangalore, said that the government had created confusion over the future of Muslim girl students. Because of the government’s stand, they had already stopped going to government educational institutes. They were, instead, preferring educational institutes run by Muslim management. “This is how they are blocking Muslims from entering the mainstream. The government is willingly doing this to ruin the dreams of Muslim girls. We expect the court to give justice to them,” he said.
BA Hanif, an advocate in Mangalore who is fighting for Muslim laws, welcomed the decision of a judge, who upheld the individual rights of the Muslim girls and quashed the government ban. However, he said that as this was a split verdict by two judges, he expected a judgement that favoured Muslim girls’ right to education.
VHP wants hijab ban to continue
Meanwhile, pro-Hindu organisation Vishwa Hindu Parishad (VHP) leaders maintained that the government order to ban hijab should to be continued. They also expect that the verdict from the larger bench will not allow donning of any religious symbols in educational institutions for the sake of uniformity.
A VHP leader, on condition of anonymity, told The Federal that the ban will not hamper the education rights of Muslim girls. “Hindu or Muslim girls have equal educational rights, but at the same time, both have to maintain the decorum of the educational institution to get good education,” he added.
Former Bajrang Dal leader and VHP Division Secretary Sharan Pumpwell told The Federal that it was a particular community that had raised the issue of the hijab in Udupi, and not Hindus. “Now, it is for the court to decide. The VHP feels that there is no confusion among the citizens of this country. However, there is confusion about the verdict and it will be cleared by the higher bench. The girls need education, not hijab,” he said.
The Federal tried to contact VHP leader MB Puranik, but he did not wish to comment. MG Hegde, a former syndicate member of Mangalore University who runs an educational institution in Mangalore, said that not going to schools or colleges over hijab ban is not a good thing. The students have to maintain equality when they are inside the class. Some Muslims are embracing social changes and many of them are not willing to wear hijabs. Giving religious touch to this issue is a bad trend,” he said. “The verdict itself says there are two views in the society and we have to respect it,” he added.
