The advocates have shown their level of knowledge by comparing bangles, bindi, etc. with hijab. It is like comparing apples with oranges !
Bengaluru (Karnataka) – All classes have many religious symbols. Are bangles not a religious symbol ? The girls who wear bangles and bindis are not turned out of the classroom. Cross is not banned. If turban-wearing people can be in the Army, why not students wearing religious symbols allowed in classes ? Why this discrimination ? Only Muslim girls are turned out of the class due to their religion. This is a violation of Article 15. Muslim girls wearing hijab (headscarves) were not allowed in the classes. This is discrimination, argued Kumar, a lawyer representing Muslim girls in the hijab case.
Kumar : This is only because only of her religion that petitioner is being sent out of the classroom. A bindi wearing girl is not sent out ,a bangle wearing girl is not. A Christian wearing cross is not touched. Why only these girls? This is violation of Art 15
— Live Law (@LiveLawIndia) February 16, 2022
Kumar stated the Education Department has not specified any uniforms in the rules of Government schools. There is no ban on hijab in the rules and law.
The Court stated if something is not prohibited according to the rules explicitly, does that means it is permitted ? Then one may say, no permission is required to carry a weapon into the classroom as there is no prohibition. Wouldn’t uniform be determined in the education rules ?
On this, Advocate Kumar said education rules have nothing to do with uniforms. These rules are related to teachers, students, etc.