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If hijab is essential to Islam then it's not optional: Govt in Karnataka HC

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Bengaluru, Feb 21: For hijab to be a right under Article 25, it will have to be essential to religion, which will make it make it binding for all women who follow Islam, argued Advocate General Prabhuling Navadgi, appearing on behalf of the state.

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"The concept of freedom of conscience is something which relates to belief or non-belief. What you manifests your conscience results in religious practice," said AG Navadgi.

Quoting Sabrimala case, AG Navadgi said, "If a practice is optional, it has been held that it cannot be said to be 'essential' to a religion. A practice claimed to be essential must be such that the nature of the religion would be altered in the absence of that practice."

In Babri Masjid case (Ismail Faruqui case), Supreme Court negated the argument that praying in a mosque is an essential practice." LIVE LAW quoted AG as saying.

Further quoting Kureshi's case, AG said lordships held "What is optional does not constitute ERP." In Javed case, petitioners said Quran protects plurality of marriages.

"A practice claimed to be essential must be mandatory and not optional," the AG referes to Triple Talaq case.

The hearing in the Karnataka High Court has concluded for the day. The AG is likely to continue his arguments in the next hearing.

The Hijab protests began on February 4 at the Government Girls PU college in Udupi district in Karnataka when some students alleged that they had been barred from attending classes.

The protests spread across the state and the issue is now before the Karnataka High Court.

Young women and girls in many parts of Karnataka were not allowed to enter schools and colleges on Saturday as they arrived in hijabs, despite a court order, as the issue showed no signs of abating after its flare-up about a fortnight ago that prompted the government to close down institutions for a couple of days.

According to reports, as many as 15 Muslim girls have been booked in Tumakuru and 58 students were suspended in Shivamogga for staging demonstrations outside their colleges.

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