Karnataka Hijab Row: Freedom of Religion or Uniform Code? Verdict Today. All You Need to Know

The Karnataka High Court on Tuesday will deliver its verdict on the petitions filed by Muslim women students who were denied entry by certain Karnataka colleges for wearing a hijab. What started as an isolated incident in one government college in Udupi district soon snowballed into a major controversy as several other colleges and schools followed suit, with members of right-wing organisations ? wearing saffron shawls ? protested against Muslim women?s demand of wearing the headscarf inside educational institutions.

While the opposition seems to be supporting the fundamental rights of Muslim girls, the Primary and Secondary Education Minister BC Nagesh of the state alleged that ?hidden hands? behind the hijab controversy as attempts are on to make it international news. ?Some people who are against this country, as part of propaganda, are doing this. They are unable to digest India?s standing globally and the respect our Prime Minister is getting internationally,” Nagesh told PTI.

How and when did the controversy erupt?

On January 1, six girls said they were barred from entering their classroom wearing the hijab at a Government PU College in Udupi, and sat in protest outside college over being denied entry. The students held a press conference, where they said that permission was sought but college authorities refused to let them enter the classroom with their faces covered.

They started protest against college authorities, which soon snowballed into a statewide issue. Reports of similar protests emerged from other towns in Karnataka. Members of right-wing organisations started wearing saffron shawls and protested against Muslim women students.

A similar situation was reported at Bhandarkar?s college where girls took out a march wearing saffron shawl during a protest against Hijab. They threatened to wear a saffron shawl till Hijab is not allowed. However, the college management asked the students to remove the shawl and enter the premises. Muslim girls at Bhandarkars college have requested permission from the DC to allow Hijab inside the college. These protests and counter demonstrations involving saffron scarves have since spread to other states.

The issue has thrown up legal questions on reading the freedom of religion and whether the right to wear a hijab is constitutionally protected.

What does the constitution say on Freedom of Religion?

Article 25(1) of the Constitution guarantees the “freedom of conscience and the right freely to profess, practise and propagate religion”. It is a right that guarantees that the state shall ensure that there is no interference or obstacle to exercise this freedom. However, like all fundamental rights, the state can restrict the right for grounds of public order, decency, morality, health and other state interests.

‘Headscarves can?t be worn in educational institutions’

The hijab discussion has been put to courts on several occasions, two set of rulings of the Kerala High Court, particularly on the right of Muslim women to dress according to the tenets of Islam, throw up conflicting answers.

On the issue of a uniform prescribed by a school, another Bench ruled differently in Fathima Tasneem v State of Kerala (2018). A single bench of the Kerala HC held that the collective rights of an institution would be given primacy over the individual rights of the petitioner. The case involved two girls, aged 12 and 8, represented by their father who wanted his daughters to wear the headscarf as well as a full-sleeved shirt. However, the division Bench headed by Justice Vinod Chandran dismissed the appeals as it was “submitted that the appellants-petitioners are not now attending the School and are no more in the rolls of the respondent-School.”

In 2015, another single Judge of Kerala High Court allowed two Muslim girl students to wear Hijab and full sleeve dress while appearing for the CBSE All-India Pre-Medical Entrance Test, Live Law reported.

What is the opposition?s and incumbent ministers’ stand?

In the wake of the hijab row, the Karnataka government has asked educational institutions to follow existing uniform-related rules, until the High Court comes out with an order in this regard, next week.

Chief Minister Basavaraj Bommai held a meeting with Primary and Secondary Education Minister B C Nagesh and top government officials, regarding the government?s stand. Meanwhile, Congress leader Siddaramaiah threw his weight behind Muslim girls on their right to wear the hijab to educational institutions and hit out at the BJP government. State’s Education minister BC Nagesh told reporters that rules have been framed in 2013, 2018 on the basis of the Karnataka Education Act, according to which educational institutions and its SDMC (School Development and Monitoring Committee) have the right to prescribe the uniform to its students.

Karnataka Home minister Araga Jnanendra said that the uniform of a school is a thing that should be followed. Also, it helps the children to forget the differences and unite as Indians, he added.

Meanwhile, Congress’ Rahul Gandhi tweeted, “By letting students’ hijab come in the way of their education, we are robbing the future of the daughters of India. Ma Saraswati gives knowledge to all. She doesn’t differentiate.”

Congress MP Shashi Tharoor was accused of politicising the hijab row and Congress leaders said there is no law banning religious forms of dress in India. ??there is no law banning religious forms of dress like a Sikh turban or a crucifix around your neck or a tilak on the forehead, all of which are forbidden in France?s govt schools but permitted in India?s,? Tharoor said replying to Mohandas Pai, former director of Infosys. Pai who is now the chairman of Manipal University said all schools have a uniform code to create unity. If people want to wear something, they must petition.

Karnataka Minister Sunil Kumar Karkala also said that our govt stood with Muslim women by scrapping Triple Talaq. ?All those speaking on individual liberty, speak on restrictions on Muslim women in mosques. Everyone should follow a uniform system inside a govt campus. That?s my only intention,? he added.

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