Karnataka High Court upholds uniform rules in landmark hijab case verdict
In March 2022, the Karnataka High Court delivered a landmark verdict on the hijab controversy in educational institutions. The case, Aishat Shifa and Others v State of Karnataka and Others, centred on whether Muslim female students could wear the hijab inside classrooms. A Full Bench of the High Court, led by Chief Justice Ritu Raj Awasthi, ruled against the petitioners, upholding a government order on uniforms.
The dispute began in late 2021 when six Muslim students at a Government Pre-University College in Udupi were barred from attending classes while wearing the hijab. This led to widespread protests, with Hindu students responding by wearing saffron shawls. The situation escalated, prompting the Karnataka government to issue an order on 5 February 2022. This directive required educational institutions to enforce uniforms as prescribed by their College Development Committees—or, where no uniform existed, clothing that promoted unity and did not disrupt public order.
The petitioners, represented by Muslim female students, argued that wearing the hijab was an essential religious practice protected under Article 25 of the Constitution. They claimed the government's order violated their fundamental rights. The respondents, including the state government and college authorities, countered that the hijab was not a mandatory religious requirement. They also argued that the order was neutral, lawful, and aimed at maintaining discipline and equality in educational settings. The High Court examined three key issues: whether the hijab is an essential Islamic practice, whether the government order infringed on fundamental rights, and whether institutions could prescribe uniforms. After reviewing religious texts and legal precedents, the judges concluded that the hijab is not uniformly mandatory in Islam. They also ruled that uniforms serve a legitimate purpose in promoting equality and discipline. The Court further clarified that the government order did not impose a blanket ban on the hijab but merely reinforced existing uniform policies. In its final judgment, the Court dismissed the petitions, affirming that educational institutions have the authority to enforce uniform rules that exclude the hijab inside classrooms. The Bench, which included Justices Krishna S. Dixit and J.M. Khazi, held that the government order was both lawful and procedurally sound.
The Karnataka High Court's decision reinforced the power of educational institutions to set uniform policies. The ruling confirmed that the hijab is not an essential religious practice under the Constitution, allowing colleges to maintain their dress codes. The judgment brought legal clarity to the issue but left broader debates on religious freedom and institutional authority unresolved.
