Karnataka Governments argument in HC: Hijab shouldn’t enter educational institutions

Recently, India witnessed pleas of students requesting to attend school in Hijab.

The Karnataka Government presented its argument in the High Court. According to their argument, Hijab shouldn’t be considered an essential religious practice.

So, what is an essential religious practice?

Talking about religious practices, there are essentially three parameters to determine whether a practice is an essential religious practice or not?

First, is the practice a part of the core belief? Second of all, is the practice, fundamental to religion or not? And, last of all, without following such practice will the religion cease to exist.

Furthermore, the hearing on this case will resume on 22.02.2022 at 2:30 pm. The bench of the Karnataka High Court consists of Ritu Raj Awasthi as the Chief Justice. And other justices include Krishna Dixit and JM Khazi.

 Advocate General Prabhuling Navadgi, appearing on behalf of the Bommai Government. He answered the question of whether or not Hijab should be allowed in educational institutions. The advocate general believes that the operative part of the government leaves it to the institutions to decide.

According to the present situation, the government gives the educational institutions complete autonomy to decide on the uniform. Also, the Preamble of Karnataka Education Act states a secular environment for education.

The Karnataka Government Counsel stood for the stand of the state. School uniforms introduce a sense of uniformity among learners. So, religious practices should not interfere with educational matters.

Advocated General quoted Dr. Bhim Rao Ambedkar’s statement, that religious instruction should not enter religious institutions. To this argument Justice Dixit replied. He simply said that our Constitution didn’t enact Karl Marx’s opinion that religion is the opium of the masses.

Moreover, India is a secular country. Also, educational institutions have the autonomy to decide on school uniforms. The Apex Court to India is yet to give its final verdict on the plea of allowing Hijabs in educational institutions.

Also read: Key Highlights of Union Budget 2022