New Delhi: Senior Advocate Huzefa Ahmadi told the Supreme Court on Wednesday that if a woman wearing a hijab provokes anyone then it was not the woman's fault and that the state should rather take steps to address the discontent rather than prohibit the woman from wearing the veil.
Ahmadi was arguing on behalf of Muslim girls in the Karnataka hijab row matter. The bench comprising Justice Hemant Gupta and Justice Sudhanshu Dhulia was hearing the plea challenging the Karnataka High Court's order that had upheld the state's decision to ban hijab.
Ahmedi argued that the girls donning hijabs originate from conservative families, and despite that, they were able to break barriers and get formal education. He further noted that denial of formal education would lead the students back to Madrassas.
"In case somebody is provoked by hijab, he should have senses such as brotherhood and fraternity. Is the state's priority education, or this? Is hijab so intrusive you need to ban it," Ahmadi argued, adding to his query whether it was the fault of the person wearing it?
Advocate Ahmedi further argued that the Karnataka Government Order in February this year was "applied retrospectively". The GO was put out in retrospection. It was issued in February 2022 whereas the students were stopped from entering educational institutions starting December 2021, Advocate Ahmadi said.
Earlier on Wednesday, the petitioners' side had noted that the practice of wearing hijab was a 'farz' (duty). Senior Advocate Rajeev Dhawan, appearing for some petitioners, said the question of whether hijab wearing was mandatory could be answered. According to the tenets of the faith, if something has been followed, it was allowed, and if it was bona fide, there was no need to go back to the text, he noted.
The arguments will continue on Thursday. Wednesday was the 5th day of the hearing. Petitioners are likely to conclude by Thursday after which the state will make its submissions.
