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Congress tempers position on Karnataka hijab ban, repeal of contentious laws: Two reasons why

The party has not yet been able to repeal laws against conversion and cattle slaughter, and last week clarified it had not yet revoked the ban on hijab in government schools and colleges

congress hijab banBefore the elections, the party had announced that it would withdraw the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020.

No signs of the promised repeal of an anti-conversion law and an Act banning cattle slaughter, and a clarification that no order had been passed on lifting the hijab ban. Since assuming charge of Karnataka in May, the Congress-led government has kept away from dealing with these three controversial issues that date back to the BJP’s time in power. Some in the Congress link it to a pragmatic approach adopted to not give the BJP any ammunition in the run-up to the Lok Sabha elections.

In June, after the second Cabinet meeting chaired by Chief Minister Siddaramaiah, the government announced that the Karnataka Protection of Right to Freedom of Religion Act, 2022 — popularly referred to as the anti-conversion Act — would be repealed. Before the elections, the party had announced that it would withdraw the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020. The cattle law imposed a near-total ban on cow slaughter in the state. The law came into force in 2021 amid objections from the Congress and the JD(S), now in alliance with the BJP.

However, Bills for repealing the stringent provisions of these laws have yet to see the light of day. The government, meanwhile, pushed through the Assembly 13 laws during the Budget Session in July and 17 during the recent Winter Session.

The Congress says the proposed Bills repealing these laws are still under discussion in the Law Department. “The state government will take a call on it soon,” MLC and state Congress working president Saleem Ahmed told The Indian Express. Law and Parliamentary Affairs Minister H K Patil was not available for comment. But, according to party insiders, the delay is the result of the party’s numerical disadvantage in the Legislative Council, where the BJP and JD(S) form a majority. At present, the Congress has just 29 MLCs in the 75-member house compared to 34 of the BJP and eight from the JD(S). One is an independent MLC, one is the chairman, and the remaining posts are vacant.

“While the JD(S) opposed the passage of the two Bills when BJP was in power, the tables have turned now because of their alliance. The Congress will not be able to pass the Bills without having a majority in the Council,” said a Congress leader, adding that it could take more than six months for the numbers to change.

There are also fears of ramifications for the parliamentary elections. Last week, a day after saying he had instructed officials to revoke the order banning hijab in government schools and colleges, Siddaramaiah on Saturday clarified that no official order had been issued and a final decision would be taken after a discussion at the government level. At present, the matter is pending before a three-judge Bench of the Supreme Court. In October 2022, a Division Bench delivered a split verdict while hearing a challenge to the Karnataka High Court order validating the ban.

Congress insiders said the government was trying to go slow on issues that could give the BJP an advantage before the Lok Sabha polls. The Opposition party is still trying to find its feet following its defeat in May and has a new leadership team in place. “Look at the recent U-turn on possible withdrawal of the hijab ban. Fearing that BJP would encash the issue, Siddaramaiah said the government was still discussing it. This is part of its strategy to steer clear of issues that could play into the BJP’s hands,” said a source in the party.

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