Thursday, March 28, 2024

Hijab Row: Are all injunctions in Quran inviolable? Asks HC bench

Image: Courtesy News Minute

The Karnataka High Court on Monday adjourned hearing on petitions over hijab row in schools and colleges till tomorrow. 

In lengthy arguments witnessed in the Court today, advocate Dev Datt Kamat, appearing for petitioners, largely based on his arguments that Hijab is an essential religious aspect of Muslims and State can’t prohibit it unless and until its a matter of public order. 

Justice Krishna Dixit made some pertinent observations a gist of which is produced below: 

Justice Dixit asked whether all that is stated in Quran amounts to essential religious practice and whether all Quaranic injunctions are inviolable. 

Kamat, in reply, wanted the bench to restrict itself to the particular issue of Hijab. “I beseech your lordship to not get into that issue,” he said and wanted the Court to protect it under Article 25 of the Constitution. 

Kamat was also critical of a “MLA committee” appointed by the State to look into the matter. Justice Dixit refuted the point stating that the committee doesn’t have only legislators and MLAs don’t have veto powers. 

Justice Dixit further said: “Can you cite any judgement of Supreme Court that even remotely says that an MLA can’t be part of a committee,”?

Also, Justice Dixit interrupted the advocate when he said that State government in the impugned order had cited “public order” as a ground to restrict wearing of Hijab. “They have not said so…you are assuming it,” said Justice Dixit. 

Chief Justice Ritu Raj Awasthi commented: “We have to use common sense. Words do not have static meaning. We have to see the company the words keep.”

Meanwhile, the State has claimed that its aim is not to interfere with the religious belief of any community but is only concerned to maintain uniformity, discipline and public order in educational institutions. 

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