An Unfortunate Judgement

Date: 
Tuesday, March 15, 2022

The Polit Bureau of the Communist Party of India (Marxist) has issued the following statement:

An Unfortunate Judgement

The Karnataka High Court judgement is a blow against the universal right to education without discrimination, guaranteed  by the law and the constitution of India. There are many questionable aspects of the judgement. By upholding  the admittedly flawed order of the Karnataka Government which virtually prohibits the use of hijab in classrooms, its immediate effect would be to push out young Muslim women from educational institutions in Karnataka.

The head scarf worn by Muslim students in many States of India has never been considered a violation of the rule of a common uniform in schools and colleges across India. The best example is in neighbouring Kerala which has the record of the highest participation of Muslim girls in schools and in higher educational and professional institutions. But this judgement gives the right to decide about the headscarf to committees in educational institutions which in Karnataka are headed by MLAs who may have their own sectarian agendas and biases. Given that this agenda suits the overall approach of the BJP for communal polarisation, the Karnataka High Court judgement may have a dangerous cascading impact across India.

The Supreme Court should hear the appeals without delay. It is hoped that the highest Court will uphold Constitutional guarantees and deliver justice.