Hijab row: Not ‘Sharia’, Not ‘Sanatan Dharma’, India Is Ruled By Constitution of India

Chirantanoo Borah

The row over educational institutions allowing the wearing of hijab or imposing a uniform dress code has become the talk of the nation since the past few days.

The issue that erupted in Karnataka’s Udupi where burqa-clad female students of a college were denied entry into their classes for wearing hijabs, has now spilled to other institutes in the state as well, triggering massive protests and unrest.

As Muslims students demanded they be allowed into their classes wearing hijabs, Hindu students on the other hand didn’t hold back and staged protests wearing saffron shawls and scarves as opposition to hijabs.

As protests became violent, the Karnataka government had no other option than to close down schools and colleges for a period of three days.

The controversy has undoubtedly brought to the fore certain questions – the freedom of religion and whether the right to wear a hijab is constitutionally protected or is it just a matter of uniform dress code?

According to Article 25(1) of the Constitution, the “freedom of conscience and the right freely to profess, practice and propagate religion”.

This means that a state will ensure there is no interference or obstacle to exercising this freedom.

However, like all fundamental rights, the state can restrict the right on grounds of public order, decency, morality, health and other state interests.

The matter has now reached the Karnataka High Court as five students have filed a case to challenge colleges’ regulations, written or otherwise, against hijabs.

The Karnataka state order argues that banning the hijab on campuses does not infringe on women’s fundamental right to practice religion freely and without bias.

Some may say the hijab wearing Muslim students were not complying with the college’s uniform dress code ,but the fact remains that it is their fundamental right to wear it, which is guaranteed under Article 14 and 25 of the Indian Constitution and an ‘integral practice of Islam’.

A section of leftists have also blamed college authorities and administrations for the current plight, alleging that Muslim girls being denied entry to their colleges is part of a sinister plan of the BJP government to target Muslims. Could it be the case?

The hijab controversy has once again ignited the debate about the rights of minorities in India under the Hindu nationalist government with activists saying that attacks on Muslims and their religious symbols have surged under Indian Prime Minister Narendra Modi.

The BJP government in Karnataka had also passed laws against cow slaughter and anti-conversion, believed to target minorities.

The party also defended the ban on hijab saying that it violates rules on college and school uniforms.

The hijab incident has now become the focus in a series of religion-fueled controversies that have, in part, come to define modern India.

It is a matter of concern that the youths of our country are being divided along religious lines. The whole incident has been completely blown out of proportion by giving it a political and religious colour.

It is high time the government steps in to control the situation from turning worse. We must understand that this country will not be ruled either by ‘Sharia’ or ‘Sanatan Dharma’ but the Constitution of India.