An Indian court has upheld a ban on the hijab or headscarf inside classrooms in the southern state of Karnataka, weeks after violent protests in many parts of the state against the restriction.
“We are of the considered opinion that wearing of the hijab by Muslim women does not make up an essential religious practice in Islamic faith,” the court ruled in its order that was read out by the Karnataka Chief Justice Ritu Raj Awasthi on Tuesday.
“We are of the considered opinion that the prescription of a school uniform is a reasonable restriction constitutionally permissible which the students cannot object to.”
Students who had challenged the ban in court had said wearing the hijab was a fundamental right guaranteed under India’s constitution and an essential practice of Islam.
Students of a Govt PU college in Yadgiri, Karnataka boycott classes and exams in protest of the High Court judgment that upheld ban on hijab in educational institutions. @TheQuint pic.twitter.com/usHioa0cyJ
— Nikhila Henry (@NikhilaHenry) March 15, 2022
The issue had snowballed into protests and a face-off between different sections of students last month, forcing the state to shut schools and colleges for several days.
Currently, there is no central law or rule on school uniforms across the country, but the ruling by the Karnataka court could prompt more states to issue such guidelines.
“We had approached the High Court seeking permission to wear hijab in the classrooms. The order has come against us. We will not go to the college without hijab but we will fight for it,” said Alliya Assadi, one of the girls in a press conference in the coastal town of Udupi, following the verdict.
“We will try all the legal ways. We will fight for justice and our rights."
The controversy first came to the public’s attention in January when some Muslim students of a pre-university college in Karnataka’s Udupi district were not allowed to attend classes wearing a hijab, as the dress was against the prescribed norms of the college.
Challenge in Supreme Court
The protests soon spread to other colleges and districts. After petitions were filed by protesting Muslim students, the court began hearing the issue.
There were mixed reactions to the court ruling.
“Education is important for children. Let’s follow the high court order and maintain peace and calm," the state chief minister Basavaraj Bommai said.
"Till now, no incidents in Karnataka. It's peaceful. The verdict is clear and the government order was upheld. Students have the right to appeal. Everyone has their right to approach court."
Mehbooba Mufti, the former chief minister of Jammu & Kashmir, said, the High Court’s decision to uphold the hijab ban is deeply disappointing. "On one hand we talk about empowering women yet we are denying them the right to a simple choice. Its isn’t just about religion but the freedom to choose," he said.
As the Karnataka High Court upholds the hijab ban, is this really about empowering women or denying them the freedom to choose what to wear? Is it really about uniforms in colleges or is it, very simply, upholding majoritarianism? That’s tonight at 9:30 pic.twitter.com/owkI04CCXk
— Nidhi Razdan (@Nidhi) March 15, 2022
India’s ruling Bharatiya Janata Party (BJP) has strongly supported the uniform-related rules being enforced by educational institutions, calling the headscarf a religious symbol.
Karnataka is a state ruled by the BJP and communal tensions have escalated especially in the coastal region. According to Karnataka Communal Harmony Forum, the coastal districts witnessed over 120 communal incidents last year, the highest in the last four years.
The incidents relate to allegations of religious conversion, cattle vigilantism, hate speech, desecration of places of worship and other communal incidents.
“What to eat and what to wear is a fundamental right of people. The BJP is trying to impose its choices on people. This is nothing but majoritarian politics at play,” Kavita Krishnan of the All-India Progressive Women's Association.
