Hijab Not Essential Religious Practice Of Islam, Govt Tells Karnataka HC; Hearing Adjourned

Starting the arguments for the state government, Advocate General Prabhuling Navadgi said that government has taken a stand that wearing of hijab is not an essential practice under Islam.

Hijab Not An Essential Religious Practice Of Islam, Govt Tells Karnataka HC; Hearing Adjourned (Image: Getty)

New Delhi: The three-judge bench of the Karnataka High Court began hearing the petitions on the hijab controversy for the sixth consecutive day on Friday. Before adjourning the hearing for February 21, the state government contended before the High Court that the hijab is not an essential religious practice of Islam. 

Starting the arguments for the state government, Advocate General Prabhuling Navadgi said that government has taken a stand that wearing of hijab is not an essential practice under Islam.

"The way the petitioners have put it across is as if wearing hijab is an essential religious practice that doesn’t come in the way of public order, morality, or health and is an innocuous practice. I request you to please refer Article 25(1)," Navadgi said as quoted by India Today.

Navadgi said, "As I have understood, the controversy falls in three broad categories. My first submission is that the order is in consonance with the Education Act. Second is the more substantive argument that hijab is an essential part. We have taken the stand that wearing of hijab does not fall within the essential religious practise of Islam. Third is that right to wear hijab can be traced to Article 19 (1) (a). Submission is that it does not do so."

Arguing on behalf of the government, the Advocate General further told the Karnataka High Court that issues related to wearing the hijab turned religious and the intervention of the state was called for. He added that as the protests and unrest went on, the impugned order of Feb 5 was passed, according to news agency ANI.

The Advocate General, representing the Karnataka government, also said that the state government has ordered that the students wear uniforms prescribed by colleges and that the government does not wish to intervene in religious matters.

Meanwhile, Senior Advocate AM Dar, representing the five girl students who had earlier filed a petition seeking their right to wear hijab at education institutions, informed the court that he has filed a fresh plea, taking into account the objections of the court. The High Court is set to hear the petition on February 21.