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Senior Advocate AM Dhar appearing for one of petitioner(s) from "New Horizon School" in the Hijab Row case urged the Court to consider allowing wearing of the Hijab inside Pre-University colleges.

"This is a commandment by Allah, Wives of the Prophet wore the Hijab, this is a matter of life & death for us, We are not destroying the secular fabric," he said, adding that this is an essential religious practice and that Muslim women are bound by the Commandment.

"We can leave education but we cannot compromise on our principles. We have to atone for our sins on Judgment day. Please protect us!" He told Court.

Dar's arguments centred around the dictates laid down in the Surah's, i.e. Sur-al-ghashiya Sur-al-ma'arij Sur-al-Ira and the Quran.

"The hair, face and chest is to protect chastity, modesty for a muslim woman. They have to cover 3 things. These are vulnerable parts so there is no attack by "unrighteous people" and their eyes stay away. We are not saying we will wear "Burqa"", he argued.

He further informed the Court that in one of the Surah's, the Prophet was taken to Isra where it was revealed to him that women who remained "uncovered" would face the wrath of Allah.

"On Isra, Prophet was taken to Allah on Jibril and he had two wings. Prophet cried and asked who the hideous women were. It was answered 'These are women who roamed uncovered" & "they are sinners'. During Isra, it was revealed to Prophet that Women who were uncovered had "serpents around their neck" and they were "crying"," said Dar.

Further, he informed Court that the Hijab cannot hurt anyone's religious sentiments & that desecration of Lord Ram's depictions is an act which hurts sentiments of the majority, not a small cloth covering the hair.

"This is a marginalised community because of our own faults. We are giving contribution to our big brothers, the majority. Please allow our girls to cover their heads. Majesty of law should prevail," said Dar.

A bench of CJ Awasthi, Justices Dixit & Khazi is hearing the plea(s) challenging the alleged ban on wearing of the Hijab in Pre-university colleges, Udupi, Karnataka.

Yesterday, the bench had clarified that if a college has prescribed a uniform, it has to be followed irrespective whether it is a degree college, government college etc till the disposal of this matter. The court said this to clarify the interim arrangement as a counsel mentioned before the court that a plea has been field by degree college students seeking clarification as to whether it will apply to them.

 

Case Title: X Vs State of Karnataka