In the judgement the Hon’ble HC of Karnataka gave answers to the below four questions:

  • Whether wearing hijab/head-scarf is a part of ‘essential religious practice’ in Islamic Faith protected under Article 25 of the Constitution?
    Hon’ble HC of Karnataka refused to accept that Hijab is an essential component of Islam.
  • Whether prescription of school uniform is not legally permissible, as being violative of petitioners Fundamental Rights guaranteed under Articles, 19(1)(a), (i.e., freedom of expression) and 21, (i.e., privacy) of the Constitution?
    Hon’ble HC of Karnataka said that forcing students to adhere to the school uniform is a reasonable restriction which is permissible under constitution. This is the right stance, as any different stance may have made the schools a place to show off religious identities.
  • Whether the Government Order dated 05.02.2022 apart from being incompetent is issued without application of mind and further is manifestly arbitrary and therefore, violates Articles 14 & 15 of the Constitution?
    Hon’ble HC of Karnataka said that the appropriate government is empowered to instruct schools to make students adhere to uniform to enforce discipline among students.
  • Whether any case is made out in W.P.No.2146/2022for issuance of a direction for initiating disciplinary enquiry against respondent Nos.6 to 14 and for issuance of a Writ of Quo Warranto against respondent Nos.15 & 16?Hon’ble Hon’ble HC of Karnataka said that the issuance of the writ of Quo Warranto (High Court and Supreme Court can issue this writ to ask the Govt “Under what authority was the order issued?”) is rejected.

Institutional discipline prevails over individual choice. The judgment marks a paradigm shift in the interpretation of Article 25 of the constitution. Our children’s education is more important than anything else. Children should not used as tools for promoting political interests.

HC says way hijab row unfolded seems ‘unseen hands’ at work to engineer social unrest. This observation will put brakes on the forces who created the Hijab unrest in Karnataka or the Shaheen Bagh protests in Delhi.

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