Karnataka HC: Hindu Sena intervenes in ongoing Hijab Row; says freedom of religion not absolute in secular democracy

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Stating that freedom of religion is not absolute in secular democracy, the Hindu Sena Vice President has intervened in ongoing Hijab Row before Karnataka High Court.

The plea has been filed through the applicant Surjit Singh Yadav who further asserted that, "narrative being sought to be built up that India and Hindus have become intolerant" & personal law cannot prevail over Constitution.

While referring to the Supreme Court landmark judgment in Kesavanand Bharti case the applicant stated that, Indian society comprises multi-religious people, and members of each community are under the constitutional obligation to maintain peace and public order.

“The Indian society is a society of multi religious people and therefore, members of each community are under constitutional obligation to maintain tranquility and public order. The dress code prescribed by the educational institutions are with basic idea or motto to uphold the secularism of Indian Constitution. Therefore, it is duly of each and every citizen of India to uphold the secularism as per provision of the constitution.”

The applicant further mentioned that,

“Wearing Hijab or Bhagwa dress give colour to religious importance, is contrary to Constitution of India and therefore, educational institution are within their powers to ban any dress which represent any religion in educational institution.”

The applicant stated that, the liberty and freedom of religion under Article 21 and 25 respectively of Indian Constitution protect legitimate right of an individual from conversion of religion by coercion, fraud, allurement cannot be termed as claim of legitimate right of freedom or liberty under Part III of Constitution of India.

Today, the special bench of Karnataka High Court headed by Chief Justice Ritu Raj Awasthi and consisting of Justices Krishna Dixit and JM Khazi also urged the media to be more responsible with reporting the issue concerning the Hijab row

The CJ remarked during the course of hearing, “We make a request to media. Our request to media is to be more responsible. Our effort is to bring peace and tranquility to State. Our request is the media may see its responsibility.”

 

[Case title - X v State of Karnataka and Ors.]