The ‘heckler’s veto’ argument, raised by Senior Advocate Devadutt Kamat in the ongoing hearings at the Karnataka High Court against the hijab ban order by the state government, must be formally read into Indian law since it protects the bona fide exercise of rights by the citizen while also casting a duty upon the State to ensure that a conducive environment is created and maintained for the exercise of such rights, writes HAMZA LAKDAWALA.

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THE Karnataka High Court is currently hearing a batch of petitions challenging the ban imposed on wearing of hijabs on campus by various public schools and colleges. While some of the counsels have finished their arguments, numerous others await their chance to address the High Court.

The Petitioners have raised several arguments against the hijab ban. These include that the ban violates Articles 25 of the Constitution, which guarantees freedom of conscience and free profession, practice and propagation of religion, as well as Articles 14, 19(1)(a), and 21 of the Constitution, which guarantee the right to equality, freedom of speech and expression, and the right to life and liberty respectively. It has also been argued that the Karnataka Education Act does not envisage any provision for enforcement of a uniform dress or penalties for the failure to follow such dress code. An additional interesting argument raised by Senior Advocate Devadutt Kamat is that of the concept of a “Heckler’s veto.”

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