The Karnataka government contended on Friday that the hijab is not an essential Islamic religious practise, and that prohibiting its use does not violate Article 25 of the Indian Constitution, which guarantees religious freedom.
According to Advocate General Prabhuling Navadgi, the government has taken that wearing the hijab is not an essential Islamic practise. Navadgi said, ‘My first submission is that the order is in consonance with the Education Act. Second is the more substantive argument that hijab is an essential part. We have taken the stand that wearing of hijab does not fall within the essential religious practice of Islam. Third is that right to wear hijab can be traced to Article 19 (1) (a). Submission is that it does not do so.’
The Attorney General also rejected the charge of some Muslim girls who argued that the Karnataka government’s February 5 decision barring students from wearing hijab or saffron scarves violated Article 25 of the Constitution. The Advocate General also claimed that the state government’s order of February 5 was lawful and that there was nothing to object in it.
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