Kendriya Vidyalayas have provision in their dress code that allows students to wear head scarfs of a particular colour with the prescribed uniform while attending classes, it was claimed on behalf of the two Muslim girl students from Government PU College at Kundapur in Udupi district, who have contended in their petition that wearing hijab was their fundamental right as it was an essential religious practice in Islamic faith.
The submission in this regard was made before a three-judge Bench, comprising Chief Justice Ruth Rituraj Awasthi, Justice Krishna S. Dixit and Justice Jaibunnisa M. Khazi, which is hearing the petitions.
Senior advocate Devadatt Kamat pointed out to the court that the two petitioners were wearing hijabs since their admission to the college last year and said that the circular issued by the Kendriya Vidyalayas allowed wearing hijabs by the Muslim girl students and head gears by Sikhs.
While questioning the legality of the power vested in the college development committees to prohibit wearing of hijabs in the guise of “public order”, Mr. Kamat questioned how the State’s executive power could be delegated to a committee headed by a member of the Legislative Assembly.
Defer hearing
Meanwhile, an application was filed on behalf of a few other petitioners making a request to the court to defer the hearing of the petitions till competition of voting in the final phase of the elections being held to the five State Assemblies.
Senior advocate Ravivarma Kumar, appearing for the petitioners, pointed out that the proceedings of the court in this case were highlighted in the media, particularly in social media, and it could create a havoc in the elections. Consider this application, if permissible, Mr. Kumar requested the Bench.
For this, the Bench orally said that the application would be taken up for hearing at an appropriate stage while orally observing that it was for the Election Commission of India or some authorities to make such pleas. The court also orally pointed that petitioners were not voters of the States where elections were being held.
When Mr. Kumar said that it was a “live” issued and that was the problems, the Chief Justice said that “if you people agree we can put off live streaming of the proceedings… that we can do as it is in our hands.
On media
“Our earnest request to the media is to be more responsible. Let us all be make an effort to bring peace and tranquility in the State. And we all shall behave as more responsible citizens,” the Chief Justice said as soon as the Bench assembled for hearing on Monday.
“We are not saying anything against the media. We are not on that issue. We only request that we are doing live streaming [of the court proceedings on petitions challenging hijab ban] and our only request is the media may see its responsibility. It is the fourth pillar of the democracy. And therefore they may be more responsible,” the Chief Justice said.
