Is There A Hijab Ban In Karnataka Schools, Colleges? The BJP Vs Congress Puzzle Explained
25-Dec-2023
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Karnataka Chief Minister Siddaramaiah's recent statement of lifting the ban on wearing hijab in education institutions in the state has revived the year-old debate on the issue that led to massive protests in Karnataka. CM Siddaramaiah said at an event, while answering a question, that those who want can wear hijab and eat "whatever you want".
Reacting to the statement, the Karnataka BJP criticised Siddaramaiah, expressing apprehensions about the "secular nature" of educational environments.
Taking to X, Karnataka BJP chief Vijayendra Yediyurappa said: "CM Siddaramaiah's decision to withdraw the hijab ban in educational institutions raises concerns about the secular nature of our educational spaces. By allowing religious attire in educational institutions @siddaramaiah govt is promoting dividing young minds along religious lines, potentially hindering the inclusive learning environment."
Is There A Ban On Wearing Hijab In Education Institutes In Karnataka?
After CM Siddaramaiah made the announcement, former CM and BJP leader Basavraj Bommai said there was no question of lifting the ban as there was no ban at all.
"When the Hijab is not banned where is the question of lifting the ban," he questioned. "As per the comprehensive education policy, the school uniform policy came into being but it was brought into effect by the previous government. Siddaramaiah has spoken about the withdrawal of the Hijab ban order when the case was still pending in the Supreme Court. The issue has been raised only for political gains which would be condemned in the strongest words," the former CM said while speaking to reporters in Bengaluru on Saturday.
Later, as the matter gained momentum, CM Siddaramaiah clarified that the administration was only contemplating lifting the ban on wearing hijab in educational institutions, and that a decision would be taken after holding discussions at the government level.
"We are thinking of withdrawing the decision (of hijab ban). We will discuss it. I have said this in response to a question. We have not done it yet," the CM said.
On Sunday, Karnataka Home Minister G Parameshwara said the decision to lift the hijab ban in educational institutions in the state will be done after a thorough examination and within the constitutional framework. "Basavaraj Bommai (former CM) clarified that they have not made any order (regarding hijab). CM Siddaramaiah himself said that even if it is done, we will check it. The government will make appropriate decisions after a thorough examination. No need to get confused about it... Some confusion and interpretations were made on it after the BJP came to power in Karnataka...We will take the decision within the constitutional bounds," he said.
What Karnataka HC Said On Hijab
On March 15, 2022, the Karnataka High Court dismissed petitions filed by a section of Muslim students of the Government Pre-University Girls College in Karnataka's Udupi seeking permission to wear the hijab inside classrooms, ruling it is not a part of the essential religious practice in the Islamic faith. Chief Justice Ritu Raj Awasthi pronounced the verdict and dismissed all petitions challenging the ban on hijab in educational institutions. The verdict was pronounced after the HC heard the case on a day-to-day basis for 11 days from February 10 and later reserved the judgment on February 25.
In its interim order, the bench asked the state government to reopen the educational institutions, which were hit because of the protests and restrained students from wearing hijabs and saffron scarves in the classroom until the final order was delivered.
Petitioners Move SC, Matter Back To Square One After Split Verdict
After no relief from the Karnataka High Court, the petitioners moved the Supreme Court. However, the apex court in October last year gave a split verdict in the case as Justice Hemant Gupta dismissed appeals challenging the Karnataka HC order that had upheld the state government's order to ban wearing hijabs in educational institutions of the state, while Justice Sudhanshu Dhulia allowed the appeals and set aside the HC order.
"It’s a matter of choice, nothing more, nothing less," Justice Dhulia said while pronouncing the order.
Justice Hemant Gupta said the matter is being referred to the Chief Justice Of India for appropriate direction.
Then, on Mar 3, 2023, the Supreme Court said it would set up a three-judge bench to hear a plea of Muslim girl students to sit in examinations in Karnataka government schools while wearing hijab.
"I will create a bench," said a bench comprising CJI DY Chandrachud and Justices PS Narasimha and JB Pardiwala when a woman lawyer sought an urgent hearing of the plea saying girls are on the verge of losing another academic year as the exams are being held in government schools which are not permitting wearing of a headscarf.
How It All Began
On January 1, 2022, six girl students of a college in Udupi attended a press conference held by the Campus Front of India (CFI) protesting against the college authorities denying them entry into classrooms wearing headscarves. This was four days after they requested the principal permission to wear hijab in classes, but were not allowed to do so.
College principal Rudre Gowda had said students until then would come to the campus wearing the headscarf but would remov it while entering the classroom.
"The institution did not have any rule on hijab-wearing since no one used to wear it to the classroom in the last 35 years. The students who came with the demand had the backing of outside forces," Gowda had said.
Later, some Hindu students turned up in saffron shawls protesting against the hijab even as the government insisted on a uniform norm.
As the issue of hijab versus saffron scarves spread to several educational institutions in Karnataka, the state government announced a holiday from February 9 to February 15 in all the pre-university colleges, and from February 9 to February 16 in degree and diploma colleges.
The girls then approached the Karnataka HC seeking relief and quashing the government order restraining students from wearing anything that could disturb, peace, harmony and public order.
