Bengaluru: Legal experts seem to be divided into controversy that rages over universities that do not allow Muslim students to attend classes wearing headscarves along with uniforms in the udupi district.
While parts support college decisions, others support students.
The problem is now before the High Court, which will take the case on February 8 8.
BV Acharya, senior advocate and former Advocate General Karnataka, said the government was in his right to impose a uniform code in universities and students need to obey it.
He quoted the verdict of the High Court of Allahabad who was delivered in August last year, refused to allow a suspended Muslim police officer to maintain a beard when in service, said it violated official orders and he could not seek protection based on article 25 constitution.
Senior Advocate Uday Holla said the dress code in the classroom should not indicate faith or religion because it created obstacles between students and also teachers.
“Imagine if all students from different religions began attending classes wearing their respective religious costumes.
The main concept of school uniforms is to maintain uniformity.
Uniform also helps instill a sense of friendship among students from various caste, religion and culture,” Scaly Holla .
Ashok Harnahalli, senior advocate and former Advocate General Karnataka, said students must come with the feeling of unity and that is the reason the government has introduced a uniform code.
“Whatever affects the unity and provide space for Groupism should not be encouraged.
There should be no turmeric scarf on campus,” he said.
Senior K is written, which is CM’s adviser in 2008, said all Muslims in India are regulated by the Law of Muslim Private Application (Shariat), 1937.
This law is related to marriage, succession, heritage and charity codes.
“This law clearly protects the right of Muslim women to wear a headscarf or burqa,” he added.
BT Venkatesh, senior advocate and former prosecutor of Karnataka Karnataka Public Prosecutor, said people from other religions such as Hinduism were allowed to wear bindis and bangles.
So, it does not allow the veil selectively target Muslims.
“The headscarf must be seen just as headgear.
Some Christians use it in several countries.
There should be no problem wearing a headscarf as long as students wear uniforms along with it,” he said.
He said wearing a headscarf by Muslim students protected by fundamental rights to practice a person’s religion under Article 19 and 25.
“Thus, every uniform code issued by the state government will not stand if students claim their constitutional rights,” he added.
Another advocate, N Venkatesh, said some courts have held the right to wear a headscarf.
In 2016, when AIIMS forbade the prospective use of hijabs to appear for the entrance examination, the Kerala High Court decided that students could take the exam while wearing a headscarf because it was an important practice of the religious faith of the candidates.
But most advocates insist on the center of bringing laws in parliament for clarity in uniform code.
Some experts return uniform code, others support students
