‘If it is written in the Qur’an, then the court will have to obey’: Lawyer for Burqa side read verse in Karnataka HC

The hearing is going on in the Karnataka High Court regarding the permission to wear the burqa in the educational institutions of the state. Muslim girl students and their parents have objections to hijab or burqa not being allowed in schools and colleges. For this there were protests and violence also took place. While advising the people of the state to behave responsible, the Chief Justice also appealed to the media to make efforts towards peace and harmony. Advocate Devdutt Kamat made his point on behalf of the Burqa side.

He claimed that the Karnataka government’s statement that the right to wear hijab is not protected under Article 25 is wrong. He asked whether the ‘College Development Committee (CDC)’ headed by an MLA can decide what to wear? Kamat said that it is the duty of the state to protect the fundamental rights of the people and they cannot impose restrictions on it. Kamat also delivered a Kerala High Court judgment allowing girls to wear hijab during exams.

He claimed that the hijab was said to be a compulsory religious practice. He read out the judgment of the Kerala High Court that according to the Qur’an and the Hadith, the rights and duties are reduced to form a set of practices on the instructions of Allah. He said that the court has to tell whether the wearing of hijab is a religious practice or not, or whether it can be regulated under Article 25(1). Kamat recited verse 31 out of chapter 24 of the Quran.

It read, “Tell Muslim women to lower their eyes and protect their chastity. Don’t show off your makeup. Put the clothes on your chest. Don’t lift your leg.” He claimed that Udupi girl students are wearing hijab since the time of admission. He said that the girl students are trying to wear the hijab along with the prescribed uniform. He said that Kendriya Vidyalayas allow hijab of the same color as the dress. Kamat also referred to the judgment of the Islamic country Malaysia.

Advocate Kamat says that the state cannot decide whether one will wear the hijab or not. He said that the development committee of any college does not have any statutory recognition. He said that if the Quran says that the hijab is mandatory, then the court will have to accept it. He cited the example that in the case of Saira Bano, the Supreme Court found that triple talaq is not legal in the Quran. When the court asked whether all the things said by the Quran are sacred, Kamat called it a big issue.