Amidst the Hijab controversy, on 15 March, Karnataka High Court upheld the ban on hijab in schools and colleges. After the judgement, petitioners have moved to the Supreme court against the verdict. Meanwhile, a post is going viral on social media claiming Bombay High Court has passed a judgement allowing girl students to wear hijab in school amid the Karnataka Hijab row and said that the school management cannot take action against the girls.
A Twitter user shared this claim with a Hindi caption which reads, "बॉम्बे हाईकोर्ट का बड़ा फैसला :- अगर कोई मुस्लिम छात्रा शिक्षा प्राप्त करने के लिए..गाउन स्कॉर्फ या हिजाब पहनना चाहती है..तो कॉलेज के मैनेजमेंट को रोकने का कोई अधिकार नहीं है...एक देश, दो क़ानून..कर्नाटक हाईकोर्ट के फैसले का मुँहतोड़ जवाब."
[English Translation: Big decision of Bombay High Court. If any Muslim girl student wants to wear a gown, scarf, or hijab to study, the college management has no right to stop her. Befitting reply to the decision of Karnataka High Court. #Hijabrow.]
A Facebook user wrote, बॉम्बे हाईकोर्ट ने कर्नाटक हाईकोर्ट को मुँहतोड़ जवाब दिया: मुंबई हाईकोर्ट फैसला सुनाते हुए कहता है- अगर कोई मुस्लिम छात्रा शिक्षा प्राप्त करने के लिए,, गाउन स्कॉर्फ या हिजाब पहनना चाहती है तो कॉलेज के मैनेजमेंट को रोकने का कोई अधिकार नहीं है| एक देश, दो क़ानून| कर्नाटक हाईकोर्ट- हिज़ाब इस्लाम का जरूरी हिस्सा नही| मुंबई हाईकोर्ट-- हिज़ाब लगाकर आने वाली छात्राओ को रोकने का अधिकार किसी को नही."
[English Translation: Bombay High Court gave a befitting reply to the Karnataka High Court: The Bombay High Court, while giving the verdict, says – If a Muslim girl student wants to wear a gown, scarf or hijab for the sake of education, then there is no right to stop the management of the college. One country, two laws. Karnataka High Court - Hijab is not a necessary part of Islam. Mumbai High Court - No one has the right to stop the girls coming in wearing hijab.]
Bombay High court has allowed girl students to wear hijab in school.
The Logical Indian Fact Check team verified the viral claim and found it to be misleading. The Bombay High court has passed no such order in recent days.
It is to be noted that the judgement of the Hijab controversy has been very much in the news for the past few days. If the Bombay High court had given a verdict like this, it would surely have been big news and media outlets would have reported it. However, we did not find any report which can verify the viral claim.
On further search, we found a report of News18 dated 15 March 2018. According to the report, the Bombay High Court accepted the plea of a Muslim girl student and allowed her to wear the hijab while attending lectures at Sai Homeopathic Medical College in Thane.
According to the report of Hindustan Times dated 23 May 2018, Fakeha Badami, a student of Sri Sai Homeopathic College, Mumbai, filed a petition stating that she was being prevented from appearing in the examination in the college citing low attendance, while her attendance was less because she was not allowed to attend the class because of the hijab. The student had first filed a petition in the Bombay High Court in November 2017. The college had then told the court that it would accommodate her in the repeater lectures and examinations. However, the girl alleged that though she was allowed to attend the repeaters lecture in 2018, but was not allowed to sit in the examination.
Karnataka High Court verdict on hijab:
On 15 March 2022, the Karnataka High Court dismissed several petitions challenging the hijab ban in educational institutions. The High Court said that wearing the hijab is not an obligatory religious practice of Islam. The court noted that the instruction of the dress code is constitutional, and students cannot object to it. It further states that allowing Muslim students to wear the hijab in school or classrooms would hinder their emancipation and go against the constitutional spirit of "positive secularism".
Our investigation shows that the viral claim of the Bombay High court decision of allowing students to wear hijabs is false. The Mumbai High Court decision on hijab came in 2018, and it has nothing to do with the recent Hijab controversy or the Karnataka High Court decision on hijab. Hence, the viral claim is false.
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