Muslim Women Wearing hijab in Community

In this research problem, I am going to examine the factors which impact wearing of hijab in
community (generally in public institutions) in India. The government should strive to
socially integrate people, that they live together in unity and harmony and at the same time
they get freedom, that the people be free to do what they want, that they have a freedom of
choice, as much as possible. Recently, a School in Karnataka denied entry of six girls
wearing Hijab which makes everyone question the Freedom of Religion and also the
Freedom of Speech and Expression under Article 25 1 and Article 19(1) (a)2 of the
Constitution of India.

Introduction
Hijab is a scarf or clothing worn by Muslim women to cover their head as per their religious
belief in order to maintain modesty and privacy from unrelated males either in public or at
home. The concept, however, is not unique to Islam but embraced by other religions too such
as Judaism and Christianity. Wearing of hijab became a problem after six students were
banned3 from entering a college in Karnataka’s Udupi district for wearing a hijab last month,
the row over whether educational institutions can impose a strict dress code that could
interfere with rights of students has spilled to other colleges4 in the state. The issue throws
up legal questions on reading the freedom of religion and whether the right to wear a hijab is
protected under the Constitution. How is religious freedom protected under the Constitution,
and how have courts ruled on students wearing a hijab?

Countries like France have banned hijab from schools and the highest court of the European
Union, has stated that in the European countries, it is up to the employers, if they want, they
can ban hijab in their workplace as well. It is up to the companies, basically. But the
secularism practised in France and some other European countries Is the Negative
Secularism. The government tries to distance every public institution from all religions.
That's why any sort of religious dress, or any kind of a religious symbol, is often banned.

In countries like India and America, the kind of secularism that's practised, is known as Soft
Secularism. That the government, wouldn't be averse to religion completely. It would include
religion by supporting all religions equally. It would support religious activities,
but equally.

It is there in the Indian Constitution, that every citizen has the right to practice and promote
their religion peacefully. So, it is their right to wear the hijab. It is their right bestowed by the
Indian Constitution. But with every right in the Indian Constitution, there are some
reasonable restrictions. If the Freedom is a threat to the sovereignty of India, a threat to
India's security, or the public order is being hampered, or it is a contempt of court, or it is
violating decency or morality. These are the reasons that are cited for imposing any
restrictions on a fundamental freedom. But wearing a hijab, doesn’t contravene any of these.

On the other hand, what are the arguments against it? People that are against the hijab say
that it is a symbol of patriarchy. Most women don't wear a hijab because they choose to do
so, rather, they wear it because their family, their community surrounding them, force them to
wear this. If they don't wear the hijab, they wouldn't be accepted or included in their
community.5

1
Source –
1
Article 25 in the Constitution of India 1949 - indian kanoon. (n.d.). Retrieved February 14,
2022, from https://indiankanoon.org/doc/631708/
2
Article 19(1) in the Constitution of India 1949. (n.d.). Retrieved February 14, 2022, from
https://indiankanoon.org/doc/1142233/
3
Vishwanath, A. (2022, February 10). Explained: Freedom of religion and attire. Retrieved
February 14, 2022, from https://indianexpress.com/article/explained/explained-
freedom-of-religion-and-attire-7757652/
4
Hijab case in Karnataka HC: Petitioner says it's essential to Islam, protected by
Constitution. ThePrint. (2022, February 9). Retrieved February 14, 2022, from
https://theprint.in/judiciary/hijab-case-in-karnataka-hc-petitioner-says-its-essential-to-
islam-protected-by-constitution/825031/
5
Khan, R. F. (2022, February 9). 'targeted harassment': Muslim girls in India denounce hijab
ban. News | Al Jazeera. Retrieved February 14, 2022, from
https://www.aljazeera.com/news/2022/2/9/cant-just-remove-it-protest-around-hijab-in-
indias-karnataka