Bringing attention of the court to the widespread misinterpretation of the interim order passed on 11/2/2022 (in WP 2347/2022 and connected matters) and the subsequent violations of fundamental rights of Muslim girls and women..the order has been construed as an effective ban on the hijab across the state in all educational institutions. It has been heard that oral instructions have been issued by district administrations forbidding the hijab in all government and aided schools and colleges. News channels are taking on the mandate to “implement” your order and are entering classrooms, repeatedly flashing faces of minor students wearing the hijab, stating that the minor students do not “care” about the interim order - Bahutva Karnataka
To,
Justice Ritu Raj Awasthi,
The Hon’ble Chief Justice of Karnataka
Date : 16th February 2022
Your Lordship,
Subject : Bringing attention of the court to the widespread misinterpretation of the interim order passed on 11/2/2022 (in WP 2347/2022 and connected matters) and the subsequent violations of constitutional rights of Muslim girls and women
We the undersigned are constrained to write this letter to you in the light of the malicious, inhumane and undignified attack on Muslim women and girls, consequent to the interim order of the Hon’ble high court that was passed on 11/2/2022 in WP 2347/2022 and connected matters.
One of our preamble goals is “Fraternity, assuring the dignity of the Individual and Unity and Integrity of the nation”. Today the arms of the state, media establishments are under-taking actions, misusing an interim order of the court to hurt the constitutional values of fraternity and dignity. We are deeply distressed and concerned that there is silence from the courts on the misuse leading to the blatant disregard to our constitutional values today.
On 14/02/2022, across schools in different districts of Karnataka, Muslim teachers and minor students were not allowed to enter school premises with headscarves and burqas and were instead asked to remove them in full media and public glare outside the school. This indignity and public humiliation that they were subject to by school authorities has been due to the misinterpretation of the interim order by district authorities, government departments, ministers and media as a ban on hijab in all educational institutions, including schools and as applicable to teachers as well. A climate where men are harassing girls and women with impunity has been created.
Details of the media reportage of the events are placed in Annexure A.
It is pertinent to note that in the Interim Order, it is specifically stated that
"10. In the above circumstances, we request the State Government and all other stakeholders to reopen the educational institutions and allow the students to return to the classes at the earliest. Pending consideration of all these petitions, we restrain all the students regardless of their religion or faith from wearing saffron shawls (Bhagwa), scarfs, hijab, religious flags or the like within the classroom, until further orders.
11. We make it clear that this order is confined to such of the institutions wherein the College Development Committees have prescribed the student dress code/uniform. "
The interim order clearly states that this order applies only to those institutions in which college development committees have prescribed the student dress code/uniform. Nothing in the order suggests that the order is applicable to school students, to teachers or to college students where there are no CDCs present or where hijab has been allowed as a matter of practice or rule.
Yet, the order has been construed as an effective ban on the hijab across the state in all educational institutions. It has been heard that oral instructions have been issued by district administrations forbidding the hijab in all government and aided schools and colleges. News channels are taking on the mandate to “implement” your order and are entering classrooms, repeatedly flashing faces of minor students wearing the hijab, stating that the minor students do not “care” about the interim order. Thereby, creating a situation of fear and coercion in an already tense atmosphere. Several schools asked their minor students and teachers to remove their hijabs and burqas even before entering the school premises in full public view. Some students were even prevented from attending exams because they refused to remove their headscarves. In one particular outstandingly inhuman instance on February 15th at a school in Shivamogga, a teacher first physically pushed a child away from school and later a reporter from ETV Bharat chased the girl and filmed her.
Thus, on 14th and 15th of February, Muslim students many of them minors and teachers in several parts of the state have been subject to deep humiliation and targeted harassment, unprecedented in the history of the state. We cannot stress enough that this is the result of a misinterpretation of your interim order which has led to a full-scale suspension of the fundamental rights to practice religion, to education and to dignity of Muslim women in the state of Karnataka, ensured under Articles 21 and 21A of the Constitution of India. Further, at a crucial time in the academic calendar when annual preparatory exams are underway and when educational institutions are finally reopening after disruptions caused by the pandemic, this situation of an effective ban on the hijab across the state has caused severe anxiety and hardship to student communities.
The pandemic has caused widespread and unprecedented drop out rates and it is the legal mandate of the government to ensure children's education does not suffer. However the actions of the administration are leading to more girl students missing school.
Given this widespread situation of humiliation and indignities that Muslim women, girls and children are being subjected to across the state, several attempts have been made to bring this to attention of the Hon’ble Court. However, this has not been looked into. Surely your lordships do have the constitutional mandate to ensure that there is no violation of the fundamental rights of minority communities by the state and sections of the media.
We appeal to the constitutional conscience of this court to fulfil the duty of protecting constitutional values. A constitutional court cannot remain a spectator in the face of such violations of dignity and liberty.
In your interim order, your lordships state that
"9. Ours being a civilized society, no person in the name of religion, culture or the like can be permitted to do any act that disturbs public peace &tranquility. Endless agitations and closure of educational institutions indefinitely are not happy things to happen. The hearing of these matters on urgency basis is continuing. Elongation of academic terms would be detrimental to the educational career of students especially when the timelines for admission to higher studies/courses are mandatory. The interest of students would be better served by their returning to the classes than by the continuation of agitations and consequent closure of institutions. The academic year is coming to an end shortly. We hope and trust that all stakeholders and the public at large shall maintain peace &tranquility."
We reiterate again that these intentions of the Hon’ble High Court have not been upheld in the last few days in Karnataka due to the actions of the state and that of the media. This situation of deep distress and humiliation caused to our children and our fellow women citizens cannot absolutely continue any longer.
We urge the court to immediately take notice of the indignities and humiliation suffered by Muslim girls and teachers and
1. Immediately clarify the scope of the order.
2. Direct an inquiry into the misinterpretation of the order by the authorities of the state education department, district officials and elected representatives.
3. Compensate the Muslim students and teachers whose dignity and right to education have been denied.
4. Direct the government to act against media houses which violated well established constitutional principles of dignity and right to privacy.
(An initiative of Bahutva Karnataka)