AIMPLB moves SC against Karnataka High Court order upholding Hijab ban

New Delhi, Mar 28: All India Muslim Personal Law Board (AIMPLB) moves Supreme Court against Karnataka High Court order which dismissed pleas against the ban on hijab in educational institutes.

Close on the heels of the newly-elected BJP government in Uttarakhand initiating action to implement the Uniform Civil Code, AIMPLB has said that not only Muslims but other religious minorities, too, have objections to it.

The board's executive committee, during its meet, also discussed the recent hijab controversy in Karnataka and said it will "strongly" contest the case in the Supreme Court, a member said on Monday.

The committee here on Sunday pointed out that there exist tribal laws in Mizoram and other places, in addition to different laws within the majority community as well as within religious communities.

"The constitution has already given everyone the right to uphold their culture, customs and traditions. No custom, tradition or law can be uniformly implemented all over the country constitutionally or on the basis of India's ethos," a senior member of the board, who attended the meeting, told PTI.

In the first cabinet meeting of the Pushkar Singh Dhami government, it was decided that the panel of experts for implementing the UCC be headed by a retired judge of the Supreme Court or high court.

The AIMPLB was set up in 1973 to adopt suitable strategies for the protection and continued applicability of Muslim personal laws in India, especially, the Muslim Personal Law (Shariat).

Most of the Muslim sects are represented in the board and its members include prominent people from a cross section of the Indian Muslim society, such as religious leaders, scholars, lawyers and politicians among other professionals.

During the executive body meeting headed by its president Rabey Hasani Nadvi on Sunday, the members also resolved to take up the hijab issue "strongly" in the Supreme Court.

The board has already approached the apex court against the Karnataka High Court decision on the issue, he said, adding that all government institutions should be aware of the fact that the experts of a given religion need to be consulted on any religious issue.

"For example hijab, it is ordered through the Quran and so, it is an essential part of Islam. Saying that it has nothing to do with Islam is wrong.The Islamic scholars are unanimous on this point," he said.

"It was also discussed during the meeting that the Hijab matter need not have been given so much of hype and should have been resolved at the local level," he said.

The board also appealed to the Karnataka High Court to allow Muslim girls wearing hijab to attend classes in schools and appear in the exams until the Supreme Court gives its verdict.

"If the girls are stopped from taking exams, it will hamper their education, progress and future. Stopping them from their education will go against the norms of the government and so they should be allowed to write exams with hijab," he added.

Earlier, AIMPL and Jamiat Ulama i Hind - two largest organisations representing Indian Muslims, said it is "utterly disappointing".

"Right to wear attire, dress or clothing as per his or her choice is fundamental right given to any citizen. Moreover, the verdict pronounced by the Karnataka HC is against various sections of the Indian Constitution", Maulana Khalid Saifullah Rahmani, General Secretary of the All India Muslim Personal Law Board said.

In separate statements issued soon after the High Court ruling, All India Muslim Personal Law Board and Jamiat Ulama i Hind said the verdict would have a direct impact on religious freedom.

"This verdict would have many negative implications, especially on the education of Muslim girl students as they would lose their right to choice and their confidence in the present communal atmosphere", Maulana Mahmood Asa'd Madani, President of Jamiat Ulama-i-Hind, said while maintaining that no society is governed only by its legal nuances about issues where traditional and social values matter a lot.

"There are instances when the government allows use of religious symbols and permits traditional practices. Against this backdrop stopping Muslim girls from wearing Hijab is discriminatory on the basis of their faith", he said.

The Karnataka High Court had dismissed petitions filed by a section of Muslim students from the Government Pre-University Girls College in Udupi seeking permission to wear Hijab inside classrooms, saying the headscarf is not a part of the essential religious practice in Islamic faith.