2022-02-08

Karnataka hijab row: Keep emotions aside, says HC judge, will go by constitution  

By Tasso Konia
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The Karnataka High Court has begun hearing petitions from students who want to be allowed to join colleges and schools while wearing a hijab. When the hearing began, Justice Krishna Dixit stated that "we shall go by reason, by law, and not by passion or emotions." "We shall follow the provisions of the Constitution."

"For me, the Constitution is the Bhagavad Gita." "I have taken the pledge to uphold the Constitution," he said, adding that he has been bombarded with WhatsApp messages about the issue and that students protesting is not something that is seen on a regular basis.

After hearing counsel Kamat's plea for charity to enable students to wear scarves of the same colour, the judge pointed out that the Karnataka government has already made a final decision on the headscarf issue. The governor went on to say, "If the state is unwilling to budge, we have nowhere to go."

Following this, advocate Kamat refers to the Quran for support. In reference to verses 24.31 and 24.33. He stated that wearing a headscarf or veil over one's head is considered an essential religious practice. He went on to say that these two injunctions in the Holy Quran have been interpreted in a number of court cases, both in India and abroad.

He went on to say that what constitutes an essential practice must be determined only on the basis of religious beliefs and not on secular notions.

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