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Journalism of Courage
Amidst an ongoing legal battle regarding the validity of wearing hijab in educational institutions in Karnataka, the newly appointed School Education Minister, Madhu Bangarappa, has stated that the Congress government cannot immediately change the government order that bans hijab in classes. The Congress government had promised to lift restrictions on hijab as part of its electoral campaign in Karnataka.
In February 2022, the BJP government in Karnataka issued an order mandating uniforms prescribed by the government or private institution managements for students in schools and pre-university colleges across the state, following the hijab controversy. In March 2022, the Karnataka High Court dismissed petitions filed by a group of Muslim students who sought permission to wear hijab inside classrooms.
In an interview to The Indian Express, Bangarappa remarked, “We cannot change the government order on hijab just like that. We have to abide by the law. The law department will handle the matter and make a decision. For years, everything was functioning smoothly. Imposing a sudden ban on hijab was unnecessary. The BJP politicised the issue, creating complications. Since the matter is sub judice, I prefer not to comment further.”
Earlier, speaking to this newspaper, Priyank Kharge, Bangarappa’s colleague in the cabinet, had also said that the Congress government will have to study the “legal aspects” before committing to overturn the hijab order since the matter is subjudice. “We will look into the legal aspect of it (hijab issue) and take a call. There is data to show that nearly 18,000 students are left out of schools because of a certain order. If the judiciary gets into legislation, what should legislators do then? If our legislation is bad, let the courts intervene. Any executive order, bill or ordinance that is regressive will be reviewed to get Karnataka back on track,” Kharge has said.
The Karnataka High Court, comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit, and Justice J M Khazi, upheld the government order, stating that prescribing school uniforms is a reasonable restriction and constitutionally permissible, to which students cannot object. However, the petitioners approached the Supreme Court, challenging the High Court’s decision and seeking the dismissal of the Karnataka government order banning hijab in classrooms.
The Supreme Court delivered a split judgment in October 2022. Justice Hemant Gupta upheld the Karnataka High Court order, validating the ban and stating that it promotes uniformity and encourages a secular environment in classrooms. On the other hand, Justice Sudhanshu Dhulia set aside the state and High Court orders, emphasizing that the right to wear hijab in classrooms is a matter of choice and a fundamental right linked to the girl’s dignity and privacy, even within school premises.
Following the Supreme Court’s split verdict, the matter has now been referred to a three-judge bench.
The hijab controversy emerged in December 2021 when six female students from Government PU College in Udupi claimed they were not permitted to attend classes while wearing hijabs. This sparked protests that spread to other districts, resulting in the state issuing an order for students to adhere to prescribed uniforms in PUC (Class 11 and 12) and degree colleges.
