Karnataka Govt Withdraws 2022 Hijab Ban Order; Permits Religious Symbols Including Hijab, Turban, Rudraksha With Prescribed Uniform
Alright, this news is a big deal for your CLAT prep, especially for current affairs and constitutional law! So, the Karnataka government just reversed its contentious 2022 order that banned hijabs and other religious symbols like turbans or rudrakshas in schools. Now, students can wear these limited traditional symbols with their uniform, as long as they don't hinder discipline. The original ban sparked huge protests and legal battles. The Karnataka High Court had ruled that wearing a hijab wasn't an 'Essential Religious Practice' under Article 25, leading to a split decision in the Supreme Court. The new order emphasizes constitutional secularism. For CLAT, focus on Article 25, the Essential Religious Practice doctrine, and the evolving interpretation of secularism. This is a key fundamental rights update!
Karnataka Government on Wednesday [13 May] issued a significant government order nullifying with immediate effect its contentious February 2022 order that banned the wearing of hijab and other religious symbols in aided and private schools and pre university colleges.
The new circular issued by the Department of School Education and Literacy has effectively withdrawn the earlier order, permitting students to wear limited traditional and faith-based symbols such as Hijab, turban (Pete), sacred thread (Janivara), Shivadara, Rudraksha, and other similar items along with the prescribed uniform.
The original Government Order datedFebruary 5, 2022had directedall Government, aided and private schools and pre-university colleges in Karnataka to strictly enforce prescribed uniforms, effectively prohibiting students from wearing the hijab and other religious symbols in classrooms. This had then led to nationwide protests and a long chain of litigation before the concerned courts. Wearing ofhijabis not a part of Essential Religious Practice in Islamic faith and thus, is not protected under Article 25 of the Constitution, theKarnataka High Court had heldin March 2022. Subsequently, a two judge bench of the Supreme Court had delivered asplit decisionin the challenge against the 2022 circular, which resulted in the matter being referred to a larger bench. The reference has been pending since the split decision.
Recently, the High Couurt hadissued noticeto the State Government on a public interest litigation seeking a declaration that the action of Karnataka Examination Authority's officials in not permitting students wearing "scared thread" to appear in the Common Entrance Examination (CET) 2025 is unconstitutional.
Referring to the Karnataka Education Act, 1983 and Rule 11 of the Karnataka Education Institutions (Classification, Regulation and Prescription of Curricula etc.) Rules, 1995, the state government on Wednesday has allowed wearing limited use of tradition and practise based religious symbols provided that these do not obstruct discipline, safety or student identification.
The Government's preamble to the order relies on the constitutional perspectives behind the withdrawal of its earlier order. Constitutionally, secularism means not being against individual beliefs. Rather, it means ensuring equal respect for all, institutional impartiality and non-discriminatory conduct, the preamble notes.The order further states that the Government is of the view that "institutional discipline and orderliness can be preserved without mandatorily prohibiting limited traditional and practice-based symbols that students commonly wear."
No student wearing such permitted symbols shall be denied admission, progress, examination, competition or participation in academic activities, the order further says. Additionally, the government also states in the order that no student shall be compelled to remove permitted symbols. Equally, no institution or authority may forcibly remove them. The order also carves out a limited exception for examination purposes, where national and state-level dress code rules may be applied by relevant authorities. Implementation of the aforesaid must be uniform, free from religious and communal discrimination, the order directs.
SDMCs, CDCs, governing bodies and institutional heads have also been directed not to humiliate, demean or use insulting behaviour against any student for wearing such symbols. The order also quotes Basavanna, a 12thcentury social reformer, who said'Iva Nammave'(They are ours), directing the educational institutions to follow this principle henceforth.