Karnataka High Court, and now the Supreme Court – Hijab Row & Sikhs

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How is this not a ban on Sikh students wearing turbans in educational institutions in the areas served by this Karnataka High Court interim judgement?

Just because the rulers of the day have not decided to go after Sikhs, the institutions haven’t decided to banish Sikhs from classrooms as yet, and the hoodlums aren’t looking for Sikhs to harass, doesn’t mean that Sikhs as a community should remain silent about this direct attack on Fundamental Rights of a section of citizens.

The High Court judgement amounts to a negation of not just human rights and religious freedom, but also the Constitutionally granted rights.

The WSN condemns the interim judgement, urges the High Court to immediately restore the right of the Muslim women sporting Hijab or not, to be able to pursue their studies without being harassed by hoodlums or self-appointed vigilante force that derives its strength from within the regime and its ideological patrons.

Hijab and Karnataka High Court

We, at the WSN, are doubly disappointed at the lack of urgency displayed by the Supreme Court, which, on Thursday, Feb 11, said: ‘Don’t spread these things to larger levels’, and declined an urgent hearing to a plea against the Karnataka High Court’s Hijab order.

The law must side with the victims, not the hoodlums.

Manu Sebastian, the Managing Editor of LiveLaw, in a scathing editorial note has criticised the Karnataka High Court order as an “Interim Suspension Of Fundamental Rights: Shocking Order Of Karnataka HC In Hijab Case.

He has further pointed out that the Kerala HC judgment in Amna Bint Basheer v CBSE  held hijab as a mandatory practice and the Madras HC judgment in Ajmal Khan vs ECI,  held “It is thus, seen from the reported material that there is almost unanimity amongst Muslim scholars that purdah is not essential but covering of head by scarf is obligatory”.

Those keen on understanding the full argument, listen to this full recording of the High Court of Karnataka proceedings of CH-I, dated 10 February 2022. Those who are short of time, may listen to the last 5 minutes of the court hearing.

Lordships! They have a right to their hijab, you need to hide your face behind a veil!

(For reference, please see the Karnataka High Court’s judgment in Hijab row – Writ Petition 2347/2022; connected cases: WP NO. 2146/2022, WP NO. 2880/2022, WP NO.3038/2022 AND WP NO.3044/2022)  dated Feb 10, 2022, in the case wherein certain educational institutions have insisted that no girl student shall wear the hijab (headscarf) whilst in the classrooms.)

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