CHISELLING OUT CHOICES

By Dr. Sandhya Ram

The hill district of Nura in the State of Vaiga, has lost all its otherwise peace,
tranquillity and cheer, in the last few weeks. Voices of protests, sirens of police jeeps
and shrilling arguments over the media have taken the place of the trickling brooks,
gentle breeze and the happy voices. The State of Vaiga and the agitation in Nura is all
over the national media as well, and the whole nation of Hindukush looks to have taken
sides, one supporting and the other opposing the State Government’s stand in Nura.
International media too has taken an interest over the matter.

Nura, in addition to being a tourist paradise, is also known as an educational hub, with
a multitude of residential schools and institutions of higher education including
professional courses. Students from all over the country enrol for the academic
programs, and a university township has developed. The young population is truly
heterogenous, that Nura is often referred to as ‘the Kaleidoscope of Hindukush’ – a
fine display of cultural, linguistic, religious and ethnic diversities that the country is
known for. Another uniqueness of Nura is its resident Arabic settlement comprising
of around 100 families, living within an enclosed area, following their traditional style
of dressing, practices, belief and cuisine, since 1920.The disparity in the population is
also economic; some of the traditional farmers and settlers have emerged as exporters
of spices; and others still remain as tillers of the soil.

During the 2021 Christmas celebration, an unfortunate incident occurred in one of the
Higher Secondary Schools in Nura. A student committed suicide after leaving a note
that she has always found it depressing in school, where many students come in
fashionable and rich outfits, and where poor students like herself, are totally ignored
and do not get to involve especially in the extra-curricular activities.

Following this, a circular was issued by the School Management Committee of

Maharaja’s Higher Secondary School – a prime government school in Nura - notifying
that the students shall follow a uniform dress code. The circular dated January 25,
2022 stated -

“In the light of the report submitted by Academic Reforms Committee, and with the
objective of ensuring that students wear clothing that protects equality, integrity and
does not hinder with public order, the School Management Committee of Maharaja’s
HSS issues the following directives -

Within the campus, all students of the higher secondary program shall wear the
uniform dress code as prescribed hereunder :

(a) Navy Blue trousers and white shirt for the male students
(b) Navy Blue kurta, white salwar and white waist coat for the female students.
(c) Transgenders are allowed to choose between (a) and (b) as per their gender
identity.

The circular brought in general unrest among student community regarding the
sudden imposition of uniforms on the students. In order to ensure that the students
follow the dress code, few faculty members were deputed at the entry point of the
school, to let in only those who abided by the code. It was then that the Muslim girls
who were wearing coloured hijab/head scarf were denied entry to the campus on the
ground that the hijab violated the dress code. This led to statements of protest from
the Muslim community and other liberal minded people, that the Hijab ban was a
deliberate attempt on the part of the State Government to discriminate Muslims and
curb their freedom of religion. The girls appealed to the College authorities that
wearing hijab is an inevitable part of their religion and belief, and therefore they must
not be deprived of their constitutional right to practice and profess their religion.
Moreover, they pleaded that as their parents would not allow them to go out without
wearing hijab, the hijab ban would ultimately result in deprival of their right to
education. They also undertook to wear hijab of the same navy-blue colour as in the
dress code. However, this was brushed aside by the school authorities who insisted
that hijab is not in tune with the prescribed dress code for students. Meanwhile a
Government Order was issued by the State of Vaiga, declaring that hijab is not an
essential part of Islam religion.

Aggrieved by the action of the school, Asifa, a Muslim girl student filed a writ petition
in the Supreme Court contenting that the ‘hijab ban’ in schools and denial of entry to
schools for girls who wear hijab, violates their fundamental right to equality and
freedom of religion. The Progressive Students Union filed a petition seeking removal
of the dress code as it violates their personal liberty, privacy and freedom of expression
guaranteed under the Constitution.
The State Government contended that they have not interfered with the freedom of
religion at all, and that “the very purpose of uniform and dress code is to maintain
equality among the students and maintain dignity, decorum and discipline in the
institution." Further, Maharaja’s HSS stated that prescribing uniform in the higher
secondary school is in furtherance of avoiding display of religious symbols within the
institution, and thereby in tune with the secular principles.

Supreme court has clubbed all the related petitions and the matter has come up for
final hearing. The points for consideration are –

(i) Whether wearing of Hijab is an essential religious practice of Islam religion?

(ii) Whether disallowing wearing of hijab within the college violates freedom of
religion of the Muslim girls?
(iii) Whether uniform dress code violates the petitioners’ fundamental rights
under Articles 14, 19(1)(a) and 21 of the Constitution?
(iv) Whether the Government Order and the school circular violates secularism,
which is a basic structure of the Constitution?

(Counsels may add additional issues. The laws of India apply as it is to the Union of
Hindukush)