The Karnataka High court, on Wednesday, adjourned the hearing on hijab petitions until Thursday.
Advocate Ravivarma Kumar, appearing for petitioners, pointed out that Hindu girls wearing bangles and Christians wearing cross are not sent out of schools, and argued that only Muslim girls are targeted for wearing hijab.
He told the bench, comprising Chief Justice Ritu Raj Awasthi, Justice Krishna Dixit and Justice J.M. Khazi, that the petitioners are discriminated because of their religion.
When CJ Awasthi pointed out that the rule prohibits headdress to everyone, not only to one particular section, Kumar said, "Hijab is worn only by Muslims. Goonghat is permitted, bangles are permitted, Why not ban on crucifix of Christians. Why not turban of Sikhs?"
He dubbed the rule against hijab "a draconian measure." "If people wearing a turban can be in the Army, why can't a person wearing her religious symbol be allowed to attend classes? This is a draconian measure."
"The goal of education is to promote plurality, not homogeneity. The classroom should be a reflection of diversity in the society," Kumar said.
Senior advocate Yusuf Muchhala, representing the petitioners, told the court that Muslim girls have been stopped from attending classes since February 3.
CJ Awasthi sought to know if any headdress was prescribed in the uniform of the school.
"When we say uniform it is also about the practice which was adopted in the school, and all of a sudden you change it. Fairness requires that notice should be given. Is it a fair procedure? On the ground of fairness they should have been heard," Muchhala said, according to Bar & Bench. He called the government order on ban on hijab "partisan, totally unfair and falls under manifest arbitrariness."
"Why should Muslim women who believe in hijab be put in a Hobson's choice situation, where they can either get education or have the right to their conscience? They are being put into a Hobson's choice situation."
The Constitution takes into account the diversity which exists in our country, he argued.
The matter will come up for hearing 2.30PM on Thursday.