HIJAB CONTROVERSY

Introduction
Six female muslim students were being restricted from entering in their college in Udipi, Karnataka because of their attire,
“hijab” or “veil”. Hijab is a cloth worn by these women to hide their head and breasts there can be many reasons as to why
muslim women opt to carry an attire as an identity of their religion, some reasons have been belived while others been
neglected.

Importance and possible reasons of wearing Hijab

First, Spirituality, many Muslim women are seeing the veiling act which was adopted by the prophet's wife in obedience to
God's commandment as a method to proclaim their personal commitment to God by living a lifestyle similar to that of the
prophet and his wives. They feel closer to God and are more spiritually engaged. Second, Unfettered by the shackles of
fashion and beauty, for many muslim woman wearing a hijab diverts attention away from their outside physical looks onto
their inner selves, it is the greatest route out of this fashion and beauty maze, also it doesn’t mean women will loose fashion
or look ugly, instead hijab can be worn in many fashionable ways too. There are even fashion shows dedicated to hijab
only. Thirdly, fighting colonization through hijab, the colonists believed that by knowing how the Arab mind perceives its
own sexual needs and identity they could persuade Arab societies to surrender to their power. And last, access to education,
travel and relationships, wearing hijab should be a choice but it has now taken the form of patriarchy hence the orthodox
that follows, some families give the minimal education to their daughter on the condition if they wear hijab which shows
their commitment to Islam.

What questions Karnataka Schools put forward for future India?

Now, issues raised by the Karnataka controversy are, Whether educational institutions can impose restrictions on the basis
of religious attire resulting in loss of education? Right to wear hijab, which is claimed by these female students, is
constitutionally protected or not? The Karnataka government has ordered the students of these colleges to abide by the
rules and regulations of the Education Board of their colleges and that colleges should introduce a uniform in order to
promote harmony and equality among students and that wearing hijab in educational institutions should not be allowed.
Whereas in Karnataka high court it has been argued by the petitioners that wearing hijab is an ‘essential religious practice’
protected under article 25 of the Indian Constitution “Freedom of conscience and free profession, practice and propagation
of religion” which isn’t completely true because the evidence suggests that the Quran says women should respect their
body, and wear clothes of modesty and not particularly hijab. Hijab wasn’t even the practice of Muslims thousand years
ago, it was something rich women used to wear in order to establish difference between themselves and poor females.
In 1954, the Supreme Court held in the Shirur Mutt case that the term “religion” will cover all rituals and practices
“integral” to a religion. The test to determine what is integral is termed the “essential religious practices” test. But this
diverts the court to look into the theological aspect and less of the legal aspect. When it comes to particularly hijab at least
two cases were filed in 2015 in the Kerala High Court contesting the All India Pre-Medical Entrance dress code, which
stated wearing "light garments with half sleeves without huge buttons, brooch/badge, flower, etc. with Salwar/Trouser" and
"slippers and not shoes." The Kerala High Court concurred with the Central Board of School Education's (CBSE) argument
that the rule was only in place to ensure that candidates did not use unfair methods such as concealing objects within
clothes, and ordered the CBSE to take some precautions to check students who "intend to wear a dress according to their
religious custom, but contrary to the dress code." In another case, Fathima Tasneem vs. State Of Kerala (2018) The Kerala
High Court's single bench ruled that an institution's collective rights would supersede over the petitioner's individual rights.

Conclusion
Practicing a religion is one’s fundamental right. People should wear anything that their religion demands, and no institution
can take it down. We have less evidence to support as if Hijab is even a religious necessity or not. On the other hand, while
protesting, the right to education of these female students is definitely being violated, the students should not at least be
debarred from attending classes until the High Court clarifies anything in its judgment. Education of a woman should be
the priority and this applies to both sides of the argument. A neutral and sound judgment with all the clarifications is the
need of the hour. These students are the future of India and these educational institutions nurture the future of India. Both
of them deserve respect, pride and prosperity. It's time to make India really secular. The hatred this age group carry is not
good for anyone sharing the habitat.

References
1. https://www.thehindu.com/news/national/karnataka/watch-karnatakas-hijab-controversy-explained/article3
8397744.ece

2. https://www.arabnews.com/islam-perspective/why-hijab-important-islam

3. https://www.thehindu.com/news/national/karnataka/hijab-controversy-hc-told-that-karnatakas-dress-code-g
uideline-is-violative-of-fundamental-rightsthere-is-a-box-below/article38396906.ece

4. https://indiankanoon.org/doc/631708/
5. https://indiankanoon.org/doc/1142233/

6. https://www.myindiamyglory.com/2020/05/04/a-history-of-head-coverings-in-india-turban-and-head-veil-g
hoonghat/

7. https://indianexpress.com/article/opinion/columns/judging-the-headscarf/

8. https://escholarship.org/content/qt4c09451z/qt4c09451z_noSplash_ba1b41d129fa055a367f21077e2aa9cb.
pdf?t=mp9493

9. https://indianexpress.com/article/explained/explained-freedom-of-religion-and-attire-7757652/