Recently, six students were banned from entering a college in Karnataka’s Udupi district for wearing a hijab. The issue throws up legal questions on reading the freedom of religion and whether the right to wear a hijab is constitutionally protected or not.
How is religious freedom protected under Indian Constitution?
Article 25(1) of the Constitution of India guarantees the freedom of conscience and the right freely to profess, practise and propagate religion. It is a right that guarantees negative liberty — which means that the state shall ensure that there is no interference or obstacle to exercising this freedom.
Limitations: Like all fundamental rights, the state can restrict the right for grounds of public order, decency, morality, health and other state interests.
Observations made by the Supreme Court in this matter:
Shirur Mutt case in 1954: The doctrine of “essentiality” was invented by the Supreme Court. The court held that the term “religion” will cover all rituals and practices “integral” to a religion, and took upon itself the responsibility of determining the essential and non-essential practices of a religion.
What are the court’s rulings on Hijab?
In Amna Bint Basheer v Central Board of Secondary Education (2016), the Kerala High Court held that the practice of wearing a hijab constitutes an essential religious practise but did not quash the dress code prescribed by CBSE. It rather provided additional safeguards, such as examining students wearing full sleeves when needed.
In Fathima Tasneem v State of Kerala (2018), Kerala HC held that collective rights of an institution would be given primacy over the individual rights of the petitioner. The case involved two girls who wanted to wear the headscarf. The school refused to allow the headscarf. However, the court dismissed the appeal as students were no more in the rolls of the respondent-School.
Recent Step-By-Step Developments on Hijab Row
HIJAB ROW BEGINS ON NEW YEAR DAY 2022
Muslim girl students of the state-run PU College in Karnataka's Udupi alleged on Saturday, January 1, 2022, that they were denied entry into the classroom for wearing hijab.
Allegedly, principal Rudra Gowda did not permit them to wear hijab in the classrooms. Gowda said the rule was being followed to ensure uniformity in classrooms.
SAFFRON SHAWLS EMERGE
On January 3, a section of college students in Karnataka's Koppa district wore saffron scarves protesting allegedly against allowing Muslim women to wear hijab inside the classroom.
The students of the government-run college in Balagadi village claimed that if hijab was allowed inside, then saffron scarves could be sported too.
MEETINGS, PROTEST TAKE PLACE OVER HIJAB ROW
On Wednesday, January 19, a meeting was conducted between students, parents, government officials and the school management of the state-run PU College in Karnataka's Udupi, with the aim of solving the issue of the Hijab row.
However, according to those who participated in the meeting, no conclusion was reached.
The very next day, the five girls began protesting outside the school. They held placards as a sign of protest against the decision not to allow them to attend classes while wearing hijabs.
K’TAKA GOVT SETS UP EXPERT PANEL TO SOLVE HIJAB ROW
On January 26, the Karnataka government set up an expert committee to resolve the issue involving hijabs inside classrooms. It was announced that all girls should adhere to uniform rules until the committee's recommendations came.
WRIT PLEA ON HIJAB ROW IN HIGH COURT
On January 31, a writ petition was filed in the Karnataka High Court by a Muslim girl student from Udupi seeking a declaration that wearing a hijab is a fundamental right.
The plea stated that the Indian constitution guarantees the Freedom of Conscience and the right to profess, practise and propagate religion.
HIJAB ROW SPILLS OVER TO SHIVAMOGGA DISTRICT
Another hijab row broke out at Bhadravati in Karnataka’s Shivamogga district on Wednesday, February 2. Students of Sir MV Government college protested against certain students wearing hijabs in the classroom.
HINDU GROUPS ‘FORCE’ BOYS TO WEAR SAFFRON SHAWLS
On February 4, allegations emerged that Hindu groups were ‘forcing’ boys to wear saffron shawls in pre-university college classrooms in Udupi.
According to reports, this incident took place even after Muslim girls in the college removed their hijabs before entering the campus. The principal, however, intervened in the matter to stop Hindu outfits from enforcing a ‘saffron shawl campaign’.
On the same day, Dravida Munnetra Kazhagan (DMK) MP Senthil Kumar, representing Tamil Nadu’s Dharmapuri constituency, raised the Karnataka hijab row in Parliament.
He sought to know why students wearing hijab were not allowed to attend classes. He urged the central government to take action in the matter.
CM BOMMAI HOLDS MEETING OVER HIJAB ROW
Chief Minister Basavaraj Bommai on Saturday, February 5, held a meeting with Primary and Secondary Education Minister BC Nagesh and top government officials, regarding the government's stand on the ongoing hijab row.
On Tuesday, February 8, the Karnataka High Court will hear the petitions filed by five girls studying in a government Pre-university college in Udupi, questioning hijab restrictions in colleges.
TWO HELD FOR FLASHING KNIVES DURING HIJAB ROW IN UDUPI
At least two people were detained by police for flashing knives during the ongoing hijab-saffron shawl row in the Kundapur town of Udupi district in Karnataka on Friday, February 5.
GIRLS STAGE WALKOUT AFTER NOT BEING ALLOWED TO CLASSES WITH HIJAB
On Monday morning , February 7, three students wearing hijabs walked into Kalavara Varadaraj government College in Koteshwara town of Karnataka’s Udupi district.
Upon seeing this, other students began wearing saffron shawls as a sign of protest. The principal convinced them to not wear the saffron shawls and they entered. The principal asked the girls to remove their hijabs too.
Not willing to budge, the three girls with hijabs walked out of the college.
On the same day, in Mandya district, a large number of students in Mandya district of Karnataka turned up to college wearing saffron shawls and chanting ‘Jai Shri Ram’.
