One of the Muslim girl students denied entry to a Pre-University College in Udupi filed a petition in the Karnataka High Court on 31 January, seeking a declaration that students have a right to wear a hijab, and for the college to be directed to allow them to attend their classes without interference.
The PU College in Udupi, a government-run institution, had denied several Muslim girls entry to classes on 28 December 2021 as they had sought to wear a hijab (headscarf) along with their school uniform, in accordance with their religious traditions.
The writ petition filed by Rehman Farooq argues that wearing a hijab is part of the girls' essential religious practices, and refusal to allow them to enter the college is, therefore, a violation of their fundamental right to practise their religion under Article 25 of the Constitution, as well as Article 14 (right to equal treatment).
The petition further argues that the state government has a duty to protect these fundamental rights, and the actions of the college administration are unconstitutional, arbitrary, and exclusionary in nature.
As reported in LiveLaw, the petition filed by Farooq, represented by advocates Shathabish Shivanna, Arnav A Bagalwadi, and Abhishek Janardhan, also points out:
"The manner in which the respondent college has ousted the petitioner not only creates a stigma amongst her batchmates but among the children of the entire college which in turn will affect the mental health as well as future prospects of the petitioner."
The college administration insists that they have had a longstanding rule against the wearing of religious symbols, though the principal admitted to The Indian Express that there was no rule on paper for this.
The state government's Department of Undergraduate Education does not have any broader rules on uniforms, leaving it to individual institutes to make their own rules.
The Karnataka government has appointed a committee to look into the matter, while the school has advised the girl students to opt for online classes till the state government arrives at a solution.
Meanwhile, the National Human Rights Commission (NHRC) on Thursday, 27 January, issued a notice to the Karnataka government over the controversy.
"Facts of the case are disturbing. The allegations made in the complaint are serious in nature involving 'Right to Education'. The case, therefore, involves a grave violation of human rights of the victim students," the notice read.
The notice has been sent to the District Magistrate, Udupi, Principal Secretary of the Department of Higher Education, calling for their report in four weeks.
(With inputs from LiveLaw.)
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