Tag: Hijab

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OIC condemns growing attacks on Indian Muslims

Amid the ongoing hijab controversy in Karnataka, Bihar Chief Minister Nitish Kumar on Monday said that he respects every religion and their rituals of worshipping…reports Asian Lite News

The General Secretariat of the Organization of Islamic Cooperation has expressed deep concern over recent public calls for the genocide of Muslims in Haridwar in India’s Uttarakhand state. It also condemned reported incidents of harassment of Muslim women on social media, as well as the banning of female Muslim students wearing the hijab in Karnataka.

The continued attacks on Muslims and their places of worship, the recent trend of anti-Muslim legislation in different states and rising incidents of violence against Muslims are indicative of the growing trend of Islamophobia, the OIC said.

It called upon the international community, especially the UN and Special Procedures of the Human Rights Council, to take necessary measures in this regard.

The OIC urged India to ensure the safety, security and wellbeing of the Muslim community, protect the way of life of its citizens, and bring perpetrators of acts of violence to justice.

Court order can’t curb fundamental rights, say petitioners

The government can’t restrict fundamental rights in the garb of maintaining public order, the counsel for the girl students seeking permission to wear the hijab told the Karnataka High Court on Monday.

Meanwhile, the high court refused to intervene to restrain media from reporting the case hearing, as the advocate defending petitioners submitted that the hijab case will have an impact on voting in states where elections are underway. Chief Justice Ritu Raj Awasthi stated that if at all they can do something, they will have to stop live streaming of the court proceedings. Other than this, they can’t take any measure to restrict media.

During the hearing on Monday, senior advocate Devdatt Kamat told the bench of Chief Justice Awasthi, Justice Krishna S. Dixit and Justice Khaji Jaibunnesa Mohiyuddin that the College Development Committee (CDC) has no legal statutory basis to frame rules on uniforms.

“The government’s decision in this regard shows lack of wisdom and a legislator heading the committee will decide on fundamental rights. It is not legal to restrict the wearing of hijab,” he argued.

Kamat stated that all Central schools run by the Central government are allowing the wearing of hijab and petitioners have been wearing hijab of the same colour as the uniform since long.

“The state has made a fatal error while referring to public order in its circular. There is not even mention of Article 21 in the quoted order by the government on the basis of which the circular restricting hijab is issued,” he said.

He maintained that the state is an outsider when it comes to the point of belief, though it seems regressive to others. Authorising college committees is equal to making mockery of the fundamental rights, he said, while maintaining that maintaining public order is an enshrined responsibility of the state and it can’t deny rights and say because certain acts incites violence, they are restricting students from wearing hijab.

Advocate Kamat pleaded that the bench should permit students to wear hijab of the same color of the uniform.

The bench subsequently adjourned the matter till Tuesday.

The bench had last week given an interim order that no religious symbols are allowed for the students in schools and colleges until the final order of the court, thus barring use of both hijab and saffron shawls in the school and college premises.

However, petitioners moved the Supreme Court challenging the interim order but it had rejected the demand of urgent hearing by petitioners and said that it will only interfere at an appropriate time. The state government has resumed function of schools till Class 10 and is expected to take call on reopening colleges soon.

The hijab row which started last month in Udupi Pre-University College by six girl students, has snowballed into a major crisis in the state and has hit international attention too.

Hijab not an issue in Bihar, says Nitish Kumar

Amid the ongoing hijab controversy in Karnataka, Bihar Chief Minister Nitish Kumar on Monday said that he respects every religion and their rituals of worshipping.

“If anyone wears a scarf on the head or sandalwood mark on the forehead, I believe it is not a controversial subject. Every person has a right to wear whatever they want. We have no interference. You never witness any single incident of such controversy in Bihar. It cannot be an issue of discussion,” he said.

After the hijab row rose in Karnataka and saw tension and charged statements, Janata Dal-United’s Parliamentary Board President Upendra Kushwaha termed as “traitor”, Karnataka Minister K.S. Eshwarappa who had said that the saffron flag could become the national flag after 100, 200 or 500 years in the country.

“The leaders of BJP insulting Samrat Ashoka, are now campaigning for demolishing our national flag. How could our country tolerate it?”

Muslim women shout slogans during a protest against banning Muslim girls wearing hijab from attending classes at some schools in Karnataka, in Kolkata, on Thursday, Feb. 10, 2022.(Photo: Kuntal Chakrabarty/IANS)

“I am urging Prime Minister Narendra Modi and Chief Minister BS Bommai to take appropriate action against traitors like Ishwarappa,” Kushwaha said in a tweet.

RJD President Lalu Prasad Yadav, while reacting to the Hijab controversy, said that the country is heading toward civil war and Prime Minister Narendra Modi and the ruling BJP are responsible for it.

“… PM Narendra Modi does not talk on inflation, unemployment, poverty and other issues. He always talks about temple-mosque, riots and religions. The people of the country are tired of the propaganda of BJP and Narendra Modi,” he said.

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What does India’s law say about hijab?

India’s Constitution guarantees a person the freedom to practise their religion as a fundamental right, subject to certain restrictions. In the past, the courts have held that the right to wear a hijab would fall under the protections guaranteed by the Constitution, reports Asian Lite News

For the past three weeks, six Muslim students at the government-run Pre-University College for Girls in Karnataka’s Udupi have been denied entry into their classes because they wear hijabs.

The college claims that the headscarf violates the institution’s dress code. They have asked the girls to stop wearing the hijab if they want entry into class.

The students have been protesting this move. They claim that this violates their freedom of religion.

India’s Constitution guarantees a person the freedom to practise their religion as a fundamental right, subject to certain restrictions. In the past, the courts have held that the right to wear a hijab would fall under the protections guaranteed by the Constitution.

Here is what the courts have said when deciding on similar matters.

Article 25(1) of the Constitution guarantees the “freedom of conscience and the right freely to profess, practise and propagate religion”. However, like all fundamental rights, this is not absolute. The government can regulate it on grounds of public order, morality, health and other provisions in the fundamental rights chapter of the Constitution.

The Supreme Court has, over the years, held that the Constitution would only protect “essential religious practices”. Courts, after consulting religious texts and experts, determine whether a practice is essential or integral to a religion, and therefore, needs constitutional protection.

Similar cases about students wearing hijabs have already come before the Kerala High Court and the Supreme Court. Both these concerned the code for the All India Pre-Medical Entrance Test, which set a prescribed range clothing items to curb cheating prevent candidates from concealing study materials. This meant that Muslim students would not be able to wear hijabs or long-sleeve dresses.

In response, students petitioned the Kerala High Court, both in 2015 and 2016. On both occasions, the court allowed the students to take the exam while wearing hijabs.

What does the Quran say?

In 2016, the Kerala High Court examined the Quran and the Hadith (the teachings of Prophet Mohammad) to see if wearing a hijab and long-sleeved dress is essential to the faith of a Muslim woman. It held that an analysis of these texts showed that covering the head and wearing long-sleeved dress is a religious duty. Exposing the body otherwise is forbidden. Thus, this forms an “essential part of the Islamic religion”.

The court noted that this manner of dressing does not offend public order, morality or health, nor does it hamper other fundamental rights guaranteed by the Constitution.

The court added that since there may be legitimate concerns of cheating as a result of this manner of clothing, a female invigilator could frisk the candidates. To facilitate this, it asked the candidates wearing hijabs to arrive half an hour before the scheduled time.

The previous year, in 2015, the Kerala High Court had dealt with a similar case. It arrived at the same conclusion. It noted that in a diverse country like India, “it cannot be insisted that a particular dress code be followed failing which a student would be prohibited from sitting for the examinations”.

In 2016, the Supreme Court heard a plea by a Muslim man who wanted to wear a beard while serving in the Indian Air Force. The service regulations stated that no Armed Forces personnel are allowed to have facial hair except if their religion prohibits the cutting or shaving of hair. The court, during the hearings, asked Salman Khurshid, a senior advocate, if Islam prohibits cutting of hair or shaving of facial hair. Khurshid said that there were varying interpretations, out of which one said that it is “desirable” to have a beard.

The court did not allow the man to keep his beard, saying that no proof was placed before it to show that his religion prohibited shaving. In addition to this, the court observed that the object and purpose of regulating personal appearance is to “ensure uniformity, cohesiveness, discipline and order” which are indispensable to the armed forces.

However, this was in the context of the armed forces. The Constitution carves out a specific exception, under Article 33, which says that the Parliament can modify the application of fundamental rights to members of the armed forces to ensure proper discharge of their duties and maintain discipline among them.

Religion in schools

The courts have also dealt with cases where students have been expelled from schools for following their religious practices. In 1985, three students, belonging to the Christian sect of Jehovah’s Witnesses were expelled from school after they refused to sing the national anthem. They argued that this went against their religious faith.

The students contended that their faith did not permit them to followed any rituals except praying to God. However, they stood up to show their respect for the national anthem.

The Supreme Court held that the expulsion violated the student’s freedom of expression and their right to practise religion. The court noted that even though the beliefs of Jehovah’s Witnesses may appear unusual, “the sincerity of their beliefs is beyond question”.

Further, the court said that there was no law that mandated the singing of the national anthem. The Constitution only mentions that all Indian citizens should respect the national anthem, which the students did by standing up for it.

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The world is watching us: Karnataka High Court on hijab row

Activists in support of students wearing hijab, stage a protest against the order mandating uniforms stipulated by the state government or respective managements of the institutions at Chamarajpet, in Bengaluru on Monday, February 07, 2022. (Photo: Dhananjay yadav/IANS)

The Karnataka HC bench stated that since the government is not agreeing to the petitioner’s request of allowing students to wear hijab for two months, it will take up the case on the basis of merit, reports Asian Lite News

With the Hijab row snowballing into a major controversy, the Karnataka High Court on Tuesday said the international community is observing us and it is not a good development.

A bench headed by Justice Krishna S. Dixit said: “For me, Constitution is Bhagvad Gita. We have to act according to the Constitution. I have come to this position after taking oath on the Constitution. The emotions on the issue should be set aside. Wearing a hijab should not become an emotional issue.”

It also observed that the government has to answer many questions on the issue.

“I am getting messages from innumerable numbers. The whole WhatsApp chat is filled with this discussion. The institutions can only work as per the constitution. The government can give orders, but people can question them,” the bench noted.

“The government can’t come to decisions on surmises,” it said.

The bench stated that since the government is not agreeing to the petitioner’s request of allowing students to wear hijab for two months, it will take up the case on the basis of merit. “There are protests and students are on roads, I am observing all developments in this regard,” the judge noted.

“The government can’t give a ruling against the Quran. Wearing a dress of the choice is a fundamental right. Wearing a hijab is a fundamental right, however, the government can restrict fundamental rights. There is no clear order on uniforms from the government. Wearing a hijab is a matter of privacy. The government order in this regard violates the boundaries of privacy. The government can’t give a ruling against the Quran. Wearing a dress of the choice is a fundamental right. Wearing a hijab is a fundamental right, however, the government can restrict fundamental rights. There is no clear order on uniforms from the government. Wearing a hijab is a matter of privacy. The government order in this regard violates the boundaries of privacy,” the bench observed.

The bench also asked the petitioner which page of Quran says that hijab is mandatory. The judge also asked for a copy of the Quran from the court’s library. It also asked the petitioner to read out from the holy book to understand where it has been stated so.

Teargas fired in Karnataka college campus

The bench also asked if all traditions are fundamental practices and what is their jurisdiction.

The bench also asked whether they will have to be practiced at all places. It questioned the government at one point that why can’t they allow hijab for two months and what is the problem?

Meanwhile, the counsel for the petitioner submitted that the government can only interfere in the matters which are not fundamental, according to religion. The government cannot interfere with things which are fundamental.

The petitioner submitted that, “The government should show large-heartedness in the matter. The matter can’t be decided on the premises of secularism. The government should permit the wearing of hijab of the colour of the uniforms. The permission has to be given until examinations are over. Then, they can take a decision on the matter.”

ALSO READ: More students wear saffron shawls, hijabs in Karnataka