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Hijab Ban verdict by HC challenged in the SC by student, Niba Naaz

IndiaHijab Ban verdict by HC challenged in the SC by student, Niba Naaz

Karnataka hijab ban order has been challenged in the Supreme Court by a student, Niba Naaz after the High Court supported the ban.

Niba Naaz is a student who was not among the five who had originally petitioned against the hijab ban but rose up to challenge the Karnataka High Court’s decision on the hijab ban order in the Supreme Court.

“We are of the considered opinion that wearing of hijab by Muslim women does not form a part of essential religious practice in the Islamic faith,” said the Karnataka High Court, declining to strike down the state government’s ban and dismissing the students’ petitions.

This was after weeks after violent protests in many parts of the state against the restriction.

Going back in time, in an order on February 5, the Karnataka government had banned clothes “which disturb equality, integrity, and public order” in schools and colleges.  Upholding that order, the High Court said a school uniform is a reasonable restriction that students cannot object to.

The court declared that schools had reasonable grounds to impose dress codes that forbade the hijab in the interests of preventing divisions on religion and other grounds, the judgment said. “The aim of the regulation is to create a ‘safe space’… and the ideals of egalitarianism should be readily apparent to all students.”

The order has been challenged in the Supreme Court by Niba Naaz, a student who was not among the five who had originally petitioned against the hijab ban.

Niba Naaz told reporters, “The constitution allows us the right to profess our religion. We are shaken, we expected so much. We will not go to college without the hijab,” the girls told reporters, pledging to battle against the verdict.  In fact, the students told the court that wearing the hijab is a fundamental right guaranteed under India’s constitution and essential practice.

Court Order On Hijab Violates Freedom Of Religion, Says Asaduddin Owaisi

The Karnataka High Court had earlier temporarily banned religious clothes, including Hijab and saffron scarves, last month as the controversy escalated into fiery protests and a face-off between different sections of students.

The massive hijab controversy erupted when students at a school in Udupi alleged that for the first time in years, they had been banned from entering class in headscarves. As the restrictions spread to more campuses, an escalation saw saffron-wearing students launching rival protests.

The state’s ruling BJP has denied accusations of targeting Muslim students and trying to drive a wedge between communities. Party leaders said no religious symbols should be allowed in places of study.

Here are some of the comments

Hijabi Student Ayesha Ayath on #HijabVerdict :
“Karnataka HC has delivered Judgement, but NOT the JUSTICE”
“It has failed to uphold the Constitution”

Girls say, ” We didn’t get justice by the high court judgment. We thought HC will uphold constitutional values. We won’t go to college without #hijab. If #Ambedkar was alive he would be crying”

The Telangana chief minister said, “What does the government have to do with who wears what? Why the hijab controversy? Why are you charging up the atmosphere?: Telangana CM K Chandrashekar Rao in the State Assembly”

BJP MP Tejasvi Surya said, “I welcome the judgment of the Karnataka High Court; it’s a very important step towards strengthening the educational opportunities & rights of girl students, especially for those belonging to the Muslim community”.

https://twitter.com/ANI/status/1503622169711898625?s=20&t=rXyRnWzZuj4448BDtCRHMA

In the meantime, people are waiting anxiously on the Supreme Court to give justice to the students for as they say “the hijab is our right” and they have always been wearing it and to suddenly stop it appeared to be a direct attack on the Muslim community.

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