Bengaluru, Feb 14 (UNI): The full Bench of Karnataka High Court on Monday posed several questions to petitioners, which have initiated a nationwide debate in the hearing of Hijab matter.
One of the most important questions Justice Krishna S Dixit posed was whether all that stated in the Quran amounted to essential religious practices and whether all Quranic injunctions are inviolable.
In reply, senior advocate Devdatt Kamat, counsel for pro-hijab petitioner, submitted that in the instant case, wearing of Hijab was an essential religious practice.
“The larger question whether all Quranic injunctions are essential religious practices does not arise in this case,” he argued.
The advocate further apprised the bench that since the Holy Quran itself makes a reference to wearing of hijab, it is not essential to refer to any other authority and accordingly such a practice should be protected under Article 25 of the Constitution.
At one point of the hearing, Chief Justice Ritu Raj Awasthi asked Kamat whether any judgment of any other Islamic country or secular country taking a divergent view that wearing hijab is essential part of Islam after he referred to a Malaysian High Court judgment. In response, Kamat averred that according to his knowledge, there was no contrary judgment.
At another point, Chief Justice Awasthi asked senior advocate Devdatt Kamat Article 25 was absolute after he submitted that the government order by the state on February 5 was violative of Article 25 of the Constitution (right to freedom of religion) and was passed without application of mind. In reply, Kamat submitted that the government order was subject to restrictions like public order, morality, health etc.
The first petitioner alleged that Government PU College, located in Udupi, stopped her and other female Muslim students from attending classes on the ground that they wear a hijab (headscarf). She argued that the freedom of conscience and the right to religion are both guaranteed by the Constitution, despite which she and other girl students were singled out arbitrarily for belonging to the Islamic faith. The hearing has been posted to 2:30 pm Tuesday.
