‘Right to hijab does not fall under Art 25’

Karnataka government defends its February 5 hijab order calling it a matter of ‘institutional discipline’; HC keen to dispose of the case this week

‘Right to hijab does not fall under Art 25’

Citizens hold a march in support of hijab-wearing students, in Bengaluru on Feb 19. Pic/PTI

The Karnataka government on Tuesday told the High Court that there is no restriction on wearing hijab in India with reasonable restrictions subject to institutional discipline and dismissed the charge that denial to wear the headscarf was a violation of Article 15 of the Constitution, which prohibits discrimination of every sort.
The HC said it wishes to dispose of the case this week itself and sought the cooperation of all the parties involved.

Countering the petitioner Muslim girls from Udupi district, who challenged the restriction on hijab inside the educational institutions, Karnataka Advocate General Prabhuling Navadgi said, “The right to wear Hijab falls under Article 19(1)(A) and not Article 25. If one wishes to wear Hijab, then there is no restriction ‘subject to the institutional discipline’. The rights claimed under Article 19(1)(A) is related to Article 19(2) where the government places a reasonable restriction subjected to institutional restriction.”

The HC is hearing petitions seeking permission to wear hijab inside the classroom. Navadgi said the institutional restriction in the present case is only inside the educational institutions and not anywhere else. Article 19(1)(A) is related to the freedom of expression, while Article 25 deals with practice of religion.

Brother was beaten up, says petitioner

Hazra Shifa, a petitioner in the hijab case, has alleged that her brother was attacked by a mob on Monday. “My brother was brutally attacked by a mob. Just because I continue to stand for My #Hijab which is MY RIGHT. Our property were ruined as well. Why?? Can’t I demand my right? Who will be their next victim? I demand action to be taken against the Sangh Parivar goons,” she tweeted.

6 held, dozen detained in Bajrang Dal man’s murder

A security personnel on a street in Shivamogga on Tuesday. Pic/PTI

Six people have been arrested while about a dozen others detained in connection with Bajrang Dal activist Harsha’s murder in the district, as stray incidents of arson and violence were reported in Tunganagar on Tuesday morning, the police said.

“The background of the arrested persons and all other details are being checked,” they added. Harsha was stabbed to death on Sunday night at Bharathi Nagar. Police suspect the involvement of seven people in the murder.

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