Hijab Controversy- Part 2
How did it start?
- Six girls in Karnataka’s Udupi district began protesting after they were barred from classes for wearing a hijab.
- Other PU colleges in Karnataka also banned students from entering the classroom with Hijab.
- Other community students started wearing saffron scarves.
- Sparked tension between different communities.
- Karnataka Government ordered a ban on Hijab
- Also suggested a uniform dress code for the students
- Ban led to widespread controversy at the Pan India level.
- The order was challenged in Karnataka High Court.
Petitioner’s Vs. State Government’s Stand
Petitioner’s Stand
- Hijab is an essential religious practice and should be protected under Article 25
- Hijab is allowed under Kendriya Vidyalaya
- Indian Army allows Turbans for Sikhs
- A compulsory dress code is a violation of Articles 19 and 21
State Government’s Stand
- Hijab is not an Essential Religious Practice
- The Government order is not violating any Fundamental rights
- Ban has been ordered as per the Education Act
Karnataka’s High Court Decision
Questions
- Is hijab an Essential Religious Practice under Article 25?
- Does the uniform dress code violate Articles 19 and 21?
- Disciplinary action against the authority?
Verdict
- Hijab is not an essential religious practice
- Schools and Colleges are qualified public places and hence can’t have the absolute rights in public places
- Religious symbols create social separateness among students and can’t be promoted
- No disciplinary action against the authority
Way Ahead
- Opened up a new line of controversy and also a way of exploitation.
- Girls who used to wear Hijab may feel alienated.
- Quite possible that their parents may drop their studies to follow their practice.
- May increase the girls’ dropout and education rate. Girls may get pushed backward socially.
- Central and State Governments must ensure that such incidents do not take place.
- Central Government may frame a uniform policy for the whole country.
- It will promote social co-existence and unity among different religious groups.
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