Karnataka Hijab row: Minister BC Nagesh suspects SDPI's role in instigating students

As the Hijab controversy flares in Karnataka, Primary & Secondary Education Minister BC Nagesh on Tuesday suspected that The Social Democratic Party of India (SDPI) was behind the incidents. Speaking to the media, Nagesh said that it would all be clear once the investigation into the incidents is complete.

"Till then, the students need to maintain law and order in the state," the Primary & Secondary Education Minister said. These words were spoken by the State Minister keeping in mind the deteriorating law and order situation in Karnataka. On Tuesday, the police have detained at least 18 students in connection with stone-pelting in a College in Shivamogga District. Section 144 has been imposed in the district.

High Court requests students to maintain peace

Meanwhile, the Karnataka High Court heard four petitions for lifting the ban on wearing Hijabs across educational institutions in the state. While hearing the petition, the bench headed by Justice Krishna S Dixit noted that all emotions will be kept aside and the court will go by what the Constitution says. "We will go by reason, by law, not by passion or emotions. We will go by what Constitution says. Constitution is greater than the Bhagavad Gita for me," Justice Dixit stated. 

During the hearing, Senior Advocate Devadatt Kamat appearing on behalf of the petitioners asserted that wearing a headscarf was an essential part of Islam, prescribed by the holy Quran. Kamat asserted that wearing a hijab is protected by the Right to Expression under Article 19(1)(a) and is a facet of Right to Privacy recognised as part of Article 21 by Puttaswamy judgment of the Supreme Court. The government order is outside the scope of Karnataka Education Rules and State has no jurisdiction to issue the same, he argued. 

While presenting the arguments for the Karnataka Government, the Advocate General said that autonomy is given to colleges to decide uniforms. Asserting that the state had not intervened in the matter, the Advocate General added that the students who want relaxation should approach the College Development Committee.

Adjourning the matter for 2.30 PM on February 9, Justice Dixit issued an appeal to the protesting students saying, "Do not disturb the Court. You should leave the judges to peace. Suppose if I see fire and blood on TV, judges will be disturbed. If the mind is disturbed, intellect will not work. I appeal to all people, I believe all people are good people, except a few...I will issue a written order."

Karnataka Hijab Controversy

A row has erupted in parts of Karnataka over the wearing of hijab by Muslim girls to educational institutes. The row began when in December, Udipi's Kundapur PU college's principal, Rudra Gowda, issued a circular, banning students from wearing hijabs in classrooms. Defending his order, Gowda said, "Students are free to wear hijabs inside school premises but not in classrooms. This rule is being followed to ensure uniformity in classrooms." 

In line with the order, while the college authorities stated that they could not enter premises, students cited the college rulebook which allowed students to wear head-scarves if the colour matches that of uniform.