New Delhi, February 16 – An application of intervention (IA) has been moved in Karnataka High Court, which is presently hearing several pleas into the hijab row by Senior Advocate and Chairman, All India Bar Association Dr. Adish C. Aggarwala.
The plea states that there has been a growing demand for following non-essential religious practices at Educational Institutions by the students which as per the Applicant is against the secular structure of Indian Educational Institutions. The right to establish, manage and administer an institution is a Fundamental Right arising from Article 19 of the Constitution of India, and further same has been upheld by various decisions of the Supreme Court.
Dr. Adish C. Aggarwala further stated that it is necessary for students in a secular educational institution to be dressed in a uniform prescribed by the said institution and not wear any clothes that may overtly be suggestive of their religion. This is also to ensure that there is no inequality amongst anyone and there is no display of wealth or lack of it in the clothes.
It also states that even Muslim majority countries like Chad, Congo, Cameroon, Guinea, Kosovo, Azerbaijan, Tunisia have banned the “Niqab” in educational institutions. Even Islamic nations like Egypt and Syria banned “Niqab” (the full Islamic veil that reveals only a woman’s eye) in educational institutions.
European countries like Austria, Belgium Bulgaria, Denmark, France, Italy, The Netherlands, and Switzerland have banned “Hijab” in order to uphold secular values, it says.
That the petitioners are making false claims about the way they are using the headscarf (Hijab). Now, it is being used for not only covering the head but also most of the face. The purpose of the Hijab, even, as per Muslim perception is to cover the head and not the face. The photos and videos which are viral in newspapers and social media depict that the Muslim girl students are wearing Hijab covering faces and Niqab ( and nobody can recognize them) in the premises of educational institutions which should not be permitted as the same is against the secular structure of the educational institutions. It may be pertinent to note that by the passage of time, Muslims have changed their rituals and have left so many religions to practice as those practices are hampering their prosperity. This is the right time that Muslim clergy comes out suggesting the change of stitching of Hijab/Niqab etc so that the face is not hidden, Dr. Adish Aggarwala added in his intervention petition.
That although students are not having the right to wear their religious dress in schools that are not run by their religion, even if Court comes to the conclusion that they have the right to wear Hijab etc. in educational institutions, then keeping in view that the students have signed the undertaking at the time of taking admission, that they will adhere to institution’s dress code, by this consent, they lose their right, Dr. Aggarwala added in the petition.
Dr. Adish C Aggarwala said, “It is, therefore, necessary for the Government to step in and ensure that all students, irrespective of any religion, wear the school uniform, in order to uphold secular values in India as India is a secular country.”
The plea will come up for hearing along with the other petitions before the three-judge bench of the Karnataka High Court, headed by chief justice Ritu Raj Awasthi today (February 16)./LAB/SNG