Right to equality and right to freedom of religion are amongst the

most discussed fundamental rights enshrined in our Indian

constitution. The year 2022 was welcomed by one such controversy
that has caused much debate and turbulence in the Indian society. In
January Muslim girls were barred entry into the college because they
were wearing Hijab, a headscarf worn by Muslim women. This
matter gained traction and a series of petitions were filed in the
Karnataka High Court. The judgment delivered thereafter aggravated
the controversy and gained international attentional as well.
After petitions were filed, many deliberated what would be the fate
of the minority in a majoritarian state. The three-judge bench of the
Karnataka High Court delivered judgement favouring the ban on
Hijab. They justified it using the ‘doctrine of essentiality’ from the
Shirur Mutt case 1954. It was decided after studying various
interpretations by some scholars of the holy Quran that the practise
of wearing Hijab does not form an essential part of the religion.
This controversy questioned the scope of article 14, 21 and 25-28.
The right to freedom of religion is protected under the article 25 to
28. Article 25 protects right to freedom of conscience and right to
profess propagate and practice any religion. Article 21 protects right
to live life with dignity and article 14 concerns right to equality and
denounces discrimination. Karnataka HC concluded in its judgement
that none of these articles were violated through the Hijab ban.
An act banning burkha (full face cover) was passed in France 2010.
Cases were fought in UN but the ban was justified on security bases
but on the contrary Hijab can’t be associated with such justifications
as hijab is just a head veil. Another point which arises is of
‘uniformity’. The wearing of Hijab in classrooms may put uniformity
at stake. So, this controversy touches on various aspects of pedagogy
and psychology.
Nonetheless, in our patriarchal society various Muslim women are
allowed to get education only after they ensure wearing of Hijab.
Many girls would be missing their exams. Such important
opportunity lost may never come again. Courts should look into
aspect of ‘reasonable accommodation’ developed during Bijoe
Emmanuel case. It may help mitigate the issue and settle the matter.
Such matters, while affecting the education of children are also
contributing to communal disharmony.
All in all, solutions must be developed that harms no one instead
foster development and growth. Heat between sections of our
society will favour none. Judiciary has always proven itself as the sole
saviour of justice and it will do so in future as well. We citizens of this
nation should hold hands, embrace our diversity and walk upon the
path to the future.