Karnataka High Court is hearing a challenge to the constitutionality of the state government\u2019s ban on students wearing a hijab in educational institutions.<\/span><\/p>\n In the last hearing, the arguments were based on whether the state can justify the ban on the ground that it violates \u2018public order\u2019.<\/span><\/p>\n Public order is one of the three grounds on which the state can restrict freedom of religion.<\/span><\/p>\n Public order is also one of the grounds to restrict free speech and other fundamental rights.<\/span><\/p>\n Note:<\/b> Article 25 of the Constitution guarantees to all persons the right to freedom and conscience and the right freely to profess, practise and propagate religion subject to public order, morality and health.<\/span><\/em><\/p>\n Public order is normally equated with public peace and safety.\u00a0<\/span><\/p>\n According to List 2 of the Seventh Schedule of the Constitution, the power to legislate on aspects of public order rests with the states.<\/span><\/p>\n The <\/span>courts have broadly interpreted Public Order to mean something that affects the community at large and not a few individuals.<\/span><\/p>\n In <\/b>Ram Manohar Lohia vs State of Bihar (1965)<\/i><\/b>,<\/b> the Supreme Court held that in the case of \u2018public order\u2019, the community or the public at large have to be affected by a particular action.<\/span><\/p>\n Note: <\/b>One has to imagine three concentric circles, the largest representing \u2018law and order\u2019, the next representing \u2018public order\u2019 and the smallest representing \u2018security of State\u2019.<\/span><\/em><\/p>\n Karnataka’s government has issued an order under the Karnataka Education Act, 1983.<\/span><\/p>\n As per this, \u201cpublic order\u201d is one of the reasons for not allowing students to wear a headscarf in educational institutions, along with \u201cunity\u201d and \u201cintegrity.\u201d<\/span><\/p>\n However, the petitioners have asked the state to show how wearing of a hijab by students could constitute a public order issue.\u00a0<\/span><\/p>\n Source: <\/b>This post is based on the article \u201cPublic order: A constitutional provision for curbing freedom\u201d <\/b>published in Indian Express<\/b> on 20th February 2022.<\/b><\/p>\n","protected":false},"excerpt":{"rendered":" What is the news? Karnataka High Court is hearing a challenge to the constitutionality of the state government\u2019s ban on students wearing a hijab in educational institutions. In the last hearing, the arguments were based on whether the state can justify the ban on the ground that it violates \u2018public order\u2019. What is Public Order?… Continue reading Public order: A constitutional provision for curbing freedom<\/span><\/a><\/p>\n","protected":false},"author":10317,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1566,1760,9],"tags":[10500],"class_list":["post-170213","post","type-post","status-publish","format-standard","hentry","category-daily-factly-articles","category-polity-and-nation","category-public","tag-indian-express","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/170213","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10317"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=170213"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/170213\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=170213"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=170213"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=170213"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}What is Public Order?<\/b><\/h5>\n
Who has powers to legislate on Public Order?<\/b><\/h5>\n
How has public order been interpreted by courts?<\/b><\/h5>\n
How is the public order issue related to the Hijab Ban?<\/b><\/h5>\n