Bangalore- The Karnataka government argued before the High Court on Friday that the hijab is not a core religious practice of Islam and preventing its use does not violate Article 25 of India’s Constitution, which guarantees religious freedom.
“We have taken a position that wearing the hijab is not an essential religious part of Islam,” Karnataka Attorney General Prabhuling Navadgi told the full High Court including Justice Ritu Raj Awasthi, Justice JM Khazi and Justice Krishna M Dixit.
The AG also dismissed the accusation of some Muslim girls, who challenged the February 5 Karnataka government order banning female students from wearing hijab or saffron headscarves, saying it violated Article 25 of the Constitution.
Article 25 gives freedom of conscience and freedom of profession, practice and propagation of religion to the citizens of India.
The government order also does not violate Article 19(1)(a) of the Constitution, Navadgi argued. Article 19(1)(a) guarantees all its citizens the right to freedom of speech and expression.
The attorney general also argued that the state government‘s Feb. 5 order was within the law and there was nothing to object to.
The High Court, in its interim order pending consideration of all hijab row related petitions, last week banned all pupils from wearing saffron shawls, scarves, the hijab and any religious flag in the classroom.
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