AIBA moves application in Karnataka HC to implead Muslim Personal Law Boards
Feb 24, 2022
Bengaluru (Karnataka) [India], February 24 : An application for impleading of Muslim Personal Law Boards has been moved by All India Bar Association (AIBA) in Karnataka High Court, which is presently hearing several pleas into the hijab row.
The application moved by Adish C. Aggarwala, Senior Advocate and Chairman of the All India Bar Association, stated that the court is looking into the aspect that whether Hijab is an essential religious practice for Muslim women.
"There is no representation from any Personal Law Board, be it the All India Personal Law Board or the Shia Personal Law Board, who majorly contribute and represent that they work towards the proper applicability of the personal laws of Muslims and also form the opinion of Muslims in India," the applicant said.
"The entire exercise of the constitutional validity of the essential religious practice of wearing hijab will be incomplete without the representation of the Personal Law Boards in this matter," said Aggarwala in his petition.
Both Personal Law Boards of Muslims in India are necessary parties in these proceedings for adjudication of the instant petition and hence these Boards be impleaded and heard in the interest of justice, added Aggarwala in his petition.
A bench of the three judges, comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit, and Justice JM Khazi, was hearing various petitions challenging the ban on hijab in educational institutes in the state.
The hijab protests in Karnataka began in January this year when some students of Government Girls PU college in the Udupi district of the state alleged that they had been barred from attending classes. During the protests, some students claimed they were denied entry into the college for wearing hijab.
Following this incident, students of different colleges arrived at Shanteshwar Education Trust in Vijayapura wearing saffron stoles. The situation was the same in several colleges in the Udupi district.
The pre-University education board had released a circular stating that students can wear only the uniform approved by the school administration and no other religious practices will be allowed in colleges.