Karnataka High Court on Hijab

_{Image Credit: The New Indian Express}

Ritu Raj Awasthi, who serves as the 22nd Chairman of the Law Commission, recently spoke to a media outlet regarding a ruling made by the Karnataka High Court. According to Awasthi, the court ruled that individuals cannot insist on wearing a hijab if it goes against the school’s uniform policy. Notably, Awasthi was a member of the Karnataka High Court bench that upheld a controversial government order last year, which banned students from wearing hijabs in educational institutions across the state.

During the interview, Awasthi highlighted the main argument presented by Muslim girl students, which emphasized that wearing a hijab is an essential religious practice in Islam. However, he stated that if a school’s uniform regulations do not permit the wearing of a hijab, individuals cannot insist on wearing it. To support this stance, Awasthi and the bench meticulously examined the historical background and context of uniform implementation. They concluded that wearing an attire that deviates from the uniform signifies a distinct group identity, which defeats the purpose of having a uniform in the first place.

Awasthi elaborated on the concept of uniformity, emphasizing that it is essential to maintain consistency among students. He argued that insisting on a separate identity through the hijab contradicts the purpose of a uniform, which aims to establish uniformity among students. Consequently, he concluded that wearing something that distinguishes one’s identity would fail to fulfill the purpose of a uniform.

Regarding a different viewpoint expressed by Justice Sudhanshu Dhulia of the Supreme Court, Awasthi refrained from commenting. Justice Dhulia had suggested that the High Court did not thoroughly assess how the hijab specifically went against public order or morality. However, Awasthi made it clear that the judge delivering the verdict did not experience any external pressure while making the decision.

Re-reported from the story originally published in The New Indian Express