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Hijab ban row: 'Restriction only in classroom, not outside', Karnataka to SC | India News

Hijab ban row: ‘Restriction solely in classroom, not exterior’, Karnataka to SC | Information

New Delhi: The Karnataka authorities on Wednesday advised the Supreme Courtroom that there isn’t any restriction on sporting hijab on the varsity campus, and it is just restricted within the classroom whereas defending its determination to disallow hijab in school rooms of pre-university faculties. It additionally emphasised that it has not touched on any “spiritual facet” within the hijab ban row. Advocate Normal Prabhuling Okay. Navadgi, representing the Karnataka authorities, contended earlier than a bench of Justices Hemant Gupta and Sudhanshu Dhulia that it has by no means occurred in Karnataka {that a} group of scholars got here to high school in hijab and commenced banging on the gates.

Because the bench queried if it began in a single college after which unfold, Navadagi mentioned sure. “There was a risk of a public order challenge,” he mentioned and emphasised that restriction on hijab was solely within the classroom and when it was asserted militantly that they need to put on hijab and retaliated by others, it turned a priority. He mentioned that it needs to be demonstrated that sporting of hijab is a proper to expression and the proper to privateness continues to be evolving jurisprudence and cannot be exercised in all zones.

The AG mentioned France has prohibited the hijab and the ladies there haven’t turn out to be any much less Islamic. “A lot hue and cry is made by saying that hijab is banned. Let me make clear, hijab is just not banned and the state by no means meant,” he mentioned.

Additionally Learn: ‘Proper to decorate may even imply RIGHT TO…’: Supreme Courtroom on hijab ban in Karnataka

Navadgi submitted assuming sporting of hijab is a non secular apply ordained in Quran and each mundane exercise related with the faith cannot be an important spiritual apply. He added that if it had been to be accepted that no matter is claimed within the Quran is important, it’s going to defeat the checks of essentiality.

Citing Article 51A(j) of the Structure, the AG contended that one ought to rise above spiritual identification to turn out to be a part of one group, and the proper to put on a gown can’t be absolute.

Navadagi mentioned the state solely desires to inculcate self-discipline in college students by regulating uniforms and any restrictive impact on rights underneath Article 19 of the Structure is “incidental” and it can’t be a floor to invalidate the legislation. 

The highest courtroom will proceed to listen to arguments on Thursday on petitions difficult the Karnataka Excessive Courtroom verdict refusing to raise the ban on hijab in instructional establishments of the state.

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