IUML leader expresses disappointment with K'taka HC verdict on Hijab, says it is against fundamental rights

Thiruvananthapuram (Kerala) [India], March 15 : Disappointed with the Karnataka High Court's decision to uphold the Hijab ban in educational institutions, Indian Union Muslim League (IUML) leader PK Kunhalikutty on Tuesday said that Hijab is the right of an individual and is considered to be the part of faith, adding that the matter will be further taken to the Supreme Court.
"Hijab is an international issue. It is the right of an individual and it is considered to be part of faith. How can this be otherwise interpreted, I don't know? Because everybody knows that Internationally it is part of faith. I don't know how the court verdict has come. It will be examined by an upper court," Kunhalikutty told media persons here.
He further said that the verdict has been examined by the legal experts and taken up in some other upper courts.
"How can there be such a verdict? Internationally it is considered an essential part of faith. I don't know how the verdict is given by the honourable court. That will today have examined by the legal experts and taken up in some other upper courts," he added.
"We have to consider that. It is part of religious faith, internationally it is considered to be part of religious faith. It is up to the individual. Some people considered it is very essential. Some people do not consider it as it is very essential. Even among those who believe there are different degrees, different ways to do that. It is an individual right."
The IUML leader said that the High Court's verdict is against fundamental rights and it has not confined to uniforms.
"It is an individual's right--what to eat, how to dress. It is against fundamental rights. It has exceeded that, it has not been confined to uniforms. Why should they say it is not part of essential what we detected in that context? There is something inside that. Why should it be debated like that? If it is left to individuals and it is left to their rights nothing would have happened. They have some ultimate motives," he Kunhalikutty.
The Karnataka High Court on Tuesday dismissed various petitions challenging a ban on Hijab in education institutions and said that wearing a Hijab is not an essential religious practice of Islam.
A bench of Karnataka High Court comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit, and Justice JM Khazi said that no case is made out for invalidating the Government Order of February 5.
Moreover, it added that the prescription of the uniform is a reasonable restriction on fundamental rights.
The Hijab row had erupted in January this year when the Government PU College in Udupi allegedly barred six girls wearing the hijab from entering. Following this, the girls sat in protest sat outside college over being denied entry.
After this, boys of several colleges in Udupi started attending classes wearing saffron scarves. This protest spread to other parts of the state as well leading to protests and agitations in several places in Karnataka.
As a result, the Karnataka government said that all students must adhere to the uniform and banned both hijab and saffron scarves till an expert committee decides on the issue. On February 5, the pre-University education board released a circular stating that the students can only wear the uniform approved by the school administration and no other religious attire will be allowed in colleges.
The order stated that in case a uniform is not prescribed by management committees, then students should wear dresses that go well with the idea of equality and unity, and does not disturb the social order.
A batch of petitions was filed against the government's rule in the Karnataka High Court by some girls seeking permission to wear the hijab in educational institutions.
A bench of Karnataka High Court comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit, and Justice JM Khazi heard the petitions challenging the government rule on dress code.
On February 10, the high court issued an interim order stating that said students should not wear any religious attire to classes till the court issues the final order. The hearings related to the Hijab case were concluded on February 25 and the court had reserved its judgement.