The Karnataka High Court on Friday said that the right to religion was not an absolute right and the same were susceptible to reasonable restrictions as it restrained all the students regardless of their religion or faith from wearing saffron shawls (Bhagwa), scarfs, hijab, religious flags or the like within the classroom, until further orders.
The high court on Thursday evening had orally observed its intent on passing the abovementioned order. On Friday morning, a written direction of the same was uploaded on the high court's website.
The Karnataka High Court Chief Justice Ritu Awasthi-led bench also clarified that this order is confined to such of the institutions wherein the College Development Committees have prescribed the student dress code/uniform.
The high court's interim order came on a batch of pleas that have challenged the ban on hijab in educational institutions. State chief minister Basavaraj Bommai on Thursday evening ordered the reopening of all schools from Monday, February 14 onwards. However, the Government Women's Pre-University College, the epicenter of the protests, will remain closed until further orders.
Also Read: Karnataka HC: Do Not Insist On Wearing Religious Things Till Matter Complete
Right to practice religion not an absolute right: Karnataka HC
In its brief seven-paged order, the bench said it was "pained by the ongoing agitations and closure of educational institutions since the past few days", especially since the Court is already deliberating on this matter and important issues of constitutional significance and of personal laws are being seriously debated.
The high court said it hardly needed mentioning that our country was one with plural cultures, religions, and languages. "Being a secular State, it does not identify itself with any religion as its own," the order read. The bench pointed out that while every citizen has the right to profess and practice any faith of choice, "such a right not being absolute" is susceptible to reasonable restrictions.
"Whether wearing of hijab in the classroom is a part of essential religious practice of Islam in the light of constitutional guarantees, needs a deeper examination," the high court observed.
Deprecating the violent protests in the state, the bench said that in a civilized society like ours, no person could be permitted to disturb public peace and tranquility in the name of religion, culture, or the like.
"Endless agitations and closure of educational institutions indefinitely are not happy things to happen. The high court said that it was hearing these matters on an urgent basis and the "elongation of academic terms would be detrimental to the educational career of students especially when the timelines for admission to higher studies/courses are mandatory."
"The interest of students would be better served by their returning to the classes than by the continuation of agitations and consequent closure of institutions," the court said calling appealing to all stakeholders and the public at large to maintain peace and tranquility.
Also Read: Hijab Row In Karnataka: Larger High Court Bench To Hear Pleas
Will protect Constitutional rights if you have been wronged: Supreme Court
The Supreme Court on Friday assured the Muslim students that it would protect their constitutional rights if they were wronged. However, the top court refused to intervene in the matter pertaining to the hijab row on the grounds that the high court was already dealing with the issue.
Chief Justice of India NV Ramana told senior advocate Devadatt Kamat, who has been representing a few students before the Karnataka high court, that the top court was cognisant of the issue. CJI Ramana said that the judges were watching the Karnataka High Court hearing and were aware of what was happening.
"We will protect constitutional rights if you have been wronged," the CJI said. The top court also cautioned Kamat from "spreading things to a larger level" and added, "If the order has not yet come out, what can we do?"
At the time the matter was mentioned in the Supreme Court, the high court had not released its present order.
The high court will continue hearing the matter on Monday at 2:30 pm. The hearing will be live-streamed on the high court's official channel on YouTube.
Also Read: "Seeing Students Protest, Not A Happy Scene": Karnataka HC On Hijab Row
