HIJAB: VEILED IN CONTROVERSY

*********************

CONTROVERSY PENDING ADJUDICATION BY HON’BLE SUPREME COURT .

i
 FACULTY OF LAW

UNIVERSITY OF ALLAHABAD

(Session- 2021-2022)

Topic- Hijab : Veiled In Controversy

Submitted by- Jigyasa Mishra

Roll No.- 40

Semester- VIII th

Section- A

Subject- Project 1

Enrollment No.- U1850003

Submitted to- Dr. Vijay Luxmi Singh Ma’am

ii
 Acknowledgement

At the very outset of this project work I would like to express my humble gratitude to my teacher and
mentor „Dr. Vijay Luxmi Singh Ma‟am‟ for her constant support and guidance. From choosing the topic to
finally drafting the project, she has helped me a lot. As this project work deals with a controversial matter,
her valuable suggestions helped me a lot in understanding the depth of the issue. She advised me to be
cautious and be unbiased while writing on this topic. I am humbled and grateful to her for all her support
and guidance.

I would also like to express my heartfelt gratitude to my mother who helped a lot in making my research
work. She constantly searched material and used to send me on my whatsapp.

Lastly I would like to extend my gratitude to my father who helped me in framing my suggestions. He also
printed my project and helped me in arranging the pages.

I am grateful to all these persons for helping in making of my project work.

THANK YOU

iii
 List of Abbreviations

S.No. Abbreviation Full Form

1. A.I.R All India Reporter

2. A.N.I Asian News International
3. Bom. Bombay
4. B.J.P Bhartiya Janta Party
5. C.B.S.E Central Board of Secondary Education
6. C.E Common Era
7. C.F.I Communist Front of India
8. C. Chief Minister
9. E.C.H.R European Convention on Human Rights
10. H.C High Court
11. I.C.C.P.R International Covenant on Civil and Political Rights
12. K.L.T Kerala Law Times
13. M.L.A Member of Legislative Assembly
14. M.P Member of Parliament
15. NDTV New Delhi Television Ltd.
16. P.M Prime Minister
17. S.C Supreme Court
18. SCC Supreme Court Cases
19. S.C.R Supreme Court Reports
20. S.I.T Special Investigation Team
21. U.K United Kingdom
22. U.N United Nations
23. UOI Union of India
24. U.P Uttar Pradesh
25. U.S United States
26. v. Versus

iv
 Table of Contents

Acknowledgement .......................................................................................................................................... iii

List of Abbreviations ...................................................................................................................................... iv
Table of Contents……………………………………………………………………………………….........v
List of Cases ....................................................................................................................................................vii
Objective, Methodology and Sources ......................................................................................................... viii

Chapter 1 - Introduction ................................................................................................................................. 2

Chapter 2 - Hijab: Meaning and History ...................................................................................................... 5

2.1 Mention of Hijab. .................................................................................................................................................... 5
2.2 History of Hijab in Islam ........................................................................................................................................ 5
2.3 Different kinds of Islamic clothing ......................................................................................................................... 7
2.4 Veiling by women of other religions than Islam .................................................................................................... 8
Following are some of the religion in which veil is prevalent: ..................................................................................... 8

Chapter 3- International Perspective ........................................................................................................... 11

3.1 International law on freedom of religion. .................................................................................................. 11
3.2 Countries where Face Veils are prohibited. .......................................................................................................... 11
3.3 Countries where wearing hijab is mandatory ........................................................................................................ 13
3.4 International cases concerning religious freedom and uniform ............................................................................ 15

Chapter 4- Freedom of religion and religious attire ................................................................................... 17

4.1 Essential religious practice test…………………………………………………………………………………..17
4.2 „Essentially religious‟ and the Shirur Mutt case ................................................................................................... 18
4.3 Journey From Shirur Mutt to Sabarimala.............................................................................................................. 18
4.4 The reason for hijab not being essential religious practice of I-slam. ....................................................... 19
4.5 Criticism of the essential religious practices test .................................................................................................. 19
4.6 Judicial Precedents relating to essential religious practices of a religion. ............................................................ 20

Chapter 5 - Hijab : Choice or Patriarchy , A Feministic Stance………………………………………………… 22

5.1 Hijab as a choice. .................................................................................................................................................. 22
5.2 Hijab as a symbol of Patriarchy ........................................................................................................................... 22
5.3 Analysing the position .......................................................................................................................................... 23
v
Chapter 6- Possible Impact of hijab controversy over education of Muslim Girls. ................................ 26

Chapter 7- Impact of Hijab Controversy over the Communal Peace...................................................... 29

7.1 Instances of Communal Violence ......................................................................................................................... 30
7.2 Analysing the scenario .......................................................................................................................................... 32

Chapter 8 - Views of Prominent Persons over Hijab Controversy. .......................................................... 33

8.1 Views of the lawyers ............................................................................................................................................. 33
8.2 Views of the activists ........................................................................................................................................... 34
8.3 Views of the Politicians ........................................................................................................................................ 35
8.4 Views of Celebrities regarding Hijab.................................................................................................................... 37

Chapter 9- Conclusion and Suggestions ...................................................................................................... 39

References.................................................................................................................................………………………ix

vi
 List of Cases
A-Indian Cases

S.No. Case Name and Citation Pg. No.

1. Amna BintBasheer v. Central Board of Secondary Education{2016(2) KLT 60} 20

2. Bijoe Emmanuel v. State of Kerala ( AIR 1978 SC 748 ). 21

3. Commissioner of Police&.Ors v. Acharya J. Adhuta Ad Anr {(2004) Inse 155 19, 21

4. Dr. Ismail Farqui and Ors v. UOI and Ors( AIR 1995 SC 605 ). 21

5. Dr. Noorjahan Safia Niaz And 1 Anr. V. State of Maharashtra and Ors {(2016) 19
SCC On Line Bom. 5394.
6. FathimaThasneem v. State of Kerala {(2018) SCC On Line Ker. 5267}. 20

7. Fida Fathima v. UOI {(2020) SCC On Line SC 423}. 20

8. Indian Lawyers Association v. The State of Kerala {(2017) 10 SC 689}. 19, 21

9. Mohd. Hanif Quareshi & others v. The State of Bihar (AIR 1958 SC 731). 18

10. Shayara Bano v. UOI ( AIR 2017 SC 1). 19

11. S.R. Bommai v. UOI (AIR 1994 SC 1918). 21

B-International Cases

S.No Case Name and Citation Pg No.

1. Dahlabv. Switzweland{(2001) ECHR 15}. 15

2. Kurtulmus v. Turkey (Decided on 24-01-2006). 16

3. Lee v. Ashers Baking Company Ltd {(2006) 1 SCR 256. 16

4. Masterpiece Cakes hop Pvt. Ltd. v. Colorado civil rights commission {138 S. ct. 16
1719 (2018)}.
5. Multani v. Commission Scolaire Marguerite- Bourgeoys{(2006) 1 SCR 256 16

6. Tinker v. Des Moines { 393 US 503 (1969)}. 16

vii
 Objective, Methodology and Sources

Objectives

The objectives of this project are:

1. To get into the deeper understanding of hijab controversy.

2. To understand the meaning and Islamic history of hijab.

3. To delve into the stance of other countries regarding wearing of hijab.

4. To analyze whether wearing of hijab is part of freedom of religion or whether wearing hijab

constitutes essential religious practice.

5. To understand whether hijab is a choice or patriarchy and to analyse what should be stance of

feminists on ban on hijab as well as on compulsion of wearing hijab in a country.

6. To study the possible impact of hijab controversy over the education of Muslim girls.

7. To find out whether this ruckus over hijab and uniform can lead to communal hatred and violence.

8. To suggest possible solutions to tackle the present outrage.

Methodology.

The methodology used in this project is descriptive, critical as well as analytical.

Sources

The direct sources used in this assignment are books and the indirect sources used are online websites.

viii
 Abstract
There is a fierce debate going on in India over the hijab controversy. The controversy owes its origin to the
state of Karnataka where some Muslim girl students at a government run college were denied permission to
enter the classes in Udupi district because they were wearing the hijab. Soon after the denial, the girls started
protesting against the college authorities.

The issue turned critical when some Hindu Students started wearing saffron shawls in college to show their
protest against the hijab wearing girls.

A violent clash happened between Police and Students in Bengaluru. After that an order was issued by the
Karnataka government that imposed a ban on wearing clothes that tend to disturb equality, integrity and
public order. Provocative statements started being made from both the sides. State Government considered it
better to shut down schools and colleges because there was fear of violence.

Petitions were filed before the Karnataka High Court against the hijab ban in classroom. However the
Karnataka High Court held that hijab is not an essential religious practice of Islam and government has right
to prescribe the uniform in government run colleges. Challenging this Judgment an appeal has been made to
Supreme Court. The question whether Muslim girls can wear Hijab in schools and colleges or not will be
finally decided by the Supreme Court which is currently hearing the matter.

While some people consider hijab controversy as rooted in religion, while some others give it a political
landscape, there are many other aspects of this hijab controversy as well. For instance hijab controversy can
give rise to communal violence or might adversely impact the education of Muslim girls coming from the
orthodox families.

This project is an attempt to analyze the ongoing hijab controversy and its various aspects.

1
 Chapter 1 -Introduction

“Religion is now emerging alongside race, gender and ethnicity as one of the key identity markers of
the twenty – first – century.
-Stephen R Prothero

Diversity is what marks the Indian culture. India is a world in itself. People of different religion, caste, race,
and ethnicity live together in India. India being a large country with a huge population contains endless
varieties of physical features and cultural patterns. It‟s a place where many languages are spoken. It is the
only land where all the major religions of the world find its place. Having so much diversity, people of India
have learnt to live together in harmony. However there have also been numerous instances of tensions and
outrages because of religious differences. The present hijab unrest has also its roots somewhere in religion.
The controversy started when six female students were denied entry in the classroom for wearing hijab at a
Government PU College in Udupi. The students conducted a press conference where they claimed that
permission was sought but college authorities refused to let them enter the classroom with their face
covered. The Muslim girl students started protesting against the denial on wearing hijab in classrooms.1

In protest to the Hijab wearing Muslim girls some Hindu students started wearing saffron shawls. Soon the
issue that started in PU College in Udupi became a matter of debate throughout the nation.

Several videos started floating on the internet showing the students of two communities engaged in a
verbal clashes . For instance a video from a college in Mandya showed a large number of saffron
scarf wearing boys shouting slogans of "Jai Shri Ram" at a Muslim girl. The girl shouted back at
them: "Allah hu Akbar!"2

The College authorities alleged that communal organizations are misleading the girls.

Rudre Gowda, The principal of the Government Women‟s PU College, Udupi, has blamed the
Campus Front of India (CFI) and other organisations for brainwashing the girls who are now fighting
for their „right‟ to wear the headscarf.

1
DivyaArya, Karnataka hijab controversy is polarising its classrooms( 16-02-22), BBC News, available at
<https://www.bbc.com/news/world-asia-india-60384681> (last visited on 15-05-2022).
2
Sreeja M.S., „Explained: Karnataka Hijab Row And Timeline Of Events‟(17-02-2022), NDTV, available at
https://www.ndtv.com/india-news/explained-karnataka-hijab-row-and-timeline-of-events-2774140>(last visited on 15-05-2022).
2
He said that for so many years girls were following the dress code but suddenly they became radical as they
got brain washed by some orthodox organisatons. When authorities tried to convince the parents they got
convinced to some extent but then again CFI leaders intervened and spoiled the situation.3

He added that the local MLA Raghupathi Bhat offered girls the option of attending online classes but they
refused and said that their demand is wearing hijab in the classrooms and not online education. 4

The government of Karnataka is justifying the ban on hijab inside classrooms under 1983 Education Act. In
an order the government stated that under Section 133 of the act, the government reserves the right to issue
appropriate directions to schools and colleges for ensuring maintenance of public order.

It was further contended by the government that dress code prescribed by the College Development
Committee or the administrative supervisory committee must be followed in the college that lies under the
Karnataka Board of Pre-University Education. If the dress code has not been fixed by the administration,
clothes non- threatening equality, unity, and public order must be followed.

The Chief Minister of Karnataka said that

The Constitutional rules regarding dress-code / uniform in schools and colleges that are also mentioned in
Karnataka Education Act have to be followed. In this regard notification has also been issued. 5

The protesting women have their own arguments for justifying their claims.

The protesting women say that this struggle is for protecting their sisters and for protecting their right of
education and freedom of religion. They see the entire episode not as „hijab controversy‟ but as „saffron
controversy‟.6

3
The New Indian Express, „Blamed for mishandling hijab row, Udupi college principal says he tried to resolve issue‟(11-02-
2022), available at <https://www.newindianexpress.com/states/karnataka/2022/feb/11/blamed-for-mishandling-hijab-row-udupi-
college-principal-says-he-tried-to-resolve-issue-2418005.html>(last visited on 15-02-2022).
4
Ibid.
5
Sona Khan, „The Hijab Controversy And What It Means For Women's Education‟(10-02-2022), Outlook, available at
<https://www.outlookindia.com/national/the-hijab-controversy-and-what-it-means-for-women-s-education-news-121878>(last
visited on 10-05-2022).
6
MuhammedSabith, „'Saffron Controversy, Not Hijab Controversy': Muslim Women Protest Across Karnataka‟(08-02-2022),
available at <https://thewire.in/communalism/karnataka-hijab-muslim-women-protest>( last visited on 10-05-2022).
3
A Student of Bachelor of Physiotherapy namely Rumana says that hijab is their fundamental right and no
one can snatch it from them.7

The Muslim girls urge that they are being forced to choose between hijab and kitab or in other words
between religion and education. Banning hijab in classroom is violation of their fundamental rights
guaranteed under the Constitution.

The protesting girls took the matter to the Karnataka High Court.
The petition was filed by the students against the ban on wearing hijab in the classroom contending that the
ban violates their freedom of religion under Article 25, freedom of expression under Article 19(1)(A), and
right to life and personal liberty under Article 21.

A three Judges bench comprising Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice J.M
Khazi dismissed the plea stating that the petition is „devoid of merit‟. The Court held that wearing of
hijab is not an essential religious practice in Islam. The Court also upheld the validity of order dated 5th
February 2022 issued by Karnataka High Court that provided that wearing hijab in classroom of government
colleges can be restricted where dress code / uniform is prescribed. Prescription of dress code / uniform was
held to be reasonable restriction and constitutionally valid.8

Against the Karnataka High Court’s decision an appeal has filed before the Hon’ble Supreme Court.
Hon‟ble Supreme Court has entertained the appeal. The appeal aforesaid in pending decision before the
Hon‟ble Supreme Court and the question whether hijab is an essential religious practice or not will be finally
adjudicated by the Hon,ble Supreme Court.9

7
Ibid.
8
The Economic Times, „Karnataka High Court to pronounce judgment on hijab row Tuesday‟(12-03-2022), The Print, available
at < https://theprint.in/judiciary/karnataka-high-court-to-pronounce-judgment-on-hijab-row-tuesday/873325/>(last visited on 10-
05-2022).
9
Sanjay Sharma, „Karnataka hijab ban case: Supreme Court to hear appeal against HC verdict after Holi‟, India Today, available at <
https://www.indiatoday.in/india/karnataka/story/karnataka-hijab-ban-case-supreme-court-appeal-hc-verdict-after-holi-1926045-2022-03-16> (last visited on
10-05-2022).
4
 Chapter 2 -Hijab: Meaning and History
Hijab is a kind of scarf or clothing taken by Muslim women for covering their hair. The intended purpose of
this is to maintain modesty and privacy from the stranger males either in public or at home. We can also
define hijab as a medium that secludes women from men in the public domain .There is also a metaphysical
dimension of this which refers hijab as a "the veil which separates man, or the world, from God.”

The concept of veil or headscarf is not unique to Islam but it is embraced and practiced by other religions
also like Judaism and Christianity.

2.1 Mention of Hijab.

Verse 59 of Surah Al-Ahzab ordains to the Muslims:

to tell their wives and daughters and the women of the believers to take over themselves an outer
garment. That is more suitable for them and in this way they will not be abused, and if they will do
this even Allah will be forgiving and merciful to them.10

2.2 History of Hijab in Islam

According to linguistic history, the word 'burqa' was in vogue in Arabia even before the advent of Islam. At
that time, the meaning assigned to the word 'burqa' was “a piece of clothing that was used as a protection,
especially in winters. ”The renowned Arabic dictionary Lisan al-Arab cites two instances of its use during
the pre-Islamic period

1. the first: using it as a cover for animals during the winter season

2. and the second, as a covering ( chaadar) like a shawl for village women.11

History attests that the veil or burqa as used today first came into vogue in Persia. When Islam came in
Persia, a complete civilization was already existing there. Islamic culture has adopted many things from the

10
My Islam, „SURAH AL-AHZAB AYAT 59 (33:59 QURAN) WITH TAFSIR‟, available at <https://myislam.org/surah-
ahzab/ayat-59/>(last visited on 05-05-2022).
11
The Times of India, „Here's the truth behind the veil,(27-06-2011), available at <https://timesofindia.indiatimes.com/heres-the-
truth-behind-the-veil/articleshow/5516871.cms>(last visited on 05-05-2022).

5
Persian culture. For instance, the word Khuda instead of Allah, the word Namaz instead of Salat was
adopted from Persian Culture.Similarly burqa was adopted by Muslims under the influence of Iranian
Culture. With the passing of time hijab was Islamised and got amalgamated with the Muslim culture.12

Presently the term Hijab is used by Muslims as equivalent to 'burqa'. The literal meaning of the term hijab is
curtain. 'Hijab' is used in the Quran seven times, but not in the sense as prevalent among the Muslims today.
It has been used in its literal sense of i.e. 'curtain' .

However the word veil does not finds its mention anywhere in the Quran.

In verse 24:31, the Quran says:

"Tell the believing women to avert their eyes, and safeguard their private parts, and not to expose
their attractions except what is visible. And let them wrap their shawls (khimar) around their breast
lines, and reveal their attractions only before their husbands ..."13

Many Muslims interpret shawl as veil but the verse direct women to cover their leverage by shawl and not
head. The screen that separated the Prophet Mohammed's wives from other people has been referred as hijab
in the Quran.

The two words referring towards women‟s purdah in Quran are Jilbab (33:59) and Khimar (24:31). But they
are used in a different sense as used today. Both the words have similar meaning. They mean chaadar or
duppatta that covers women‟s body and not her face. This makes it clear that present „burqa‟ or „hijab‟ are
not Quranic terms. They are part of Muslim Culture but doesn‟t constitute Quranic commandments.14

Hanafi and Maaliki School of fiqh makes three parts of a woman exempt from satr (body covering). The
parts exempted are wajh, kaffain, and qadmain, i.e.face, hands and feet.

Shariah ordanins women to cover their body with clothing which is not tight and not meant to attract others.
(Chapter 24, verse 31, Tafsir Usmani)

12
Ibid.
13
My Islam, „SURAH AN-NUR AYAT 31 (24:31 QURAN) WITH TAFSIR‟, available at <https://myislam.org/surah-nur/ayat-
31/ (last visited on 05-05-2022).

14
The Times of India, „Here's the truth behind the veil,(27-06-2011), available at
\<<https://timesofindia.indiatimes.com/heres-the-truth-behind-the-veil/articleshow/5516871.cms>(last visited on 05-05-
2022).

6
Well-known Arab scholar, Sheikh Muhammad Naasiruddin al-Albaniendorses this view of the Shariah in his
book „Hijab al-Mar'ah al-MuslimahfilKitab was-Sunnah (The Veil of a Muslim Woman)‟. He says that

Quran, Hadith and the practice of the companions and tabium(companions of the prophet‟s companions)
makes it clear that it is the duty of a women to cover herself completely leaving face and hands while going
out.15

Sura 33:53 of Quran says,

"And when you ask [his wives] for something, ask them from behind a partition. That is purer for
your hearts and their hearts."16

This verse came to Muslim community in 627 C.E. The term donning the veil, darbat al-hijab is used
interchangeably with “being Muhammad‟s wife”.

2.3Different kinds of Islamic clothing

1. Shayla: It‟s a veil that is usually wrapped and pinned. It‟s a specific type of headscarf that leaves the
face uncovered.17

2. Hijab: It is a headscarf that covers the hair and neck. 18

3. Al- Amira: It‟s a two piece veil that completely covers the head and hair.19

4. Khimar: It is a long scarf. It covers the head and chest leaving the face uncovered. 20

5. Chador: It‟s a long cloth that covers head and upper body leaving only face uncovered. It is
common especially in Iran. 21

6. Niqab: The veil that covers the face and head leaving the eyes uncovered is known as niqab.22

15
Ibid.
16
My Islam, „SURAH AL-AHZAB AYAT 53 (33:53 QURAN) WITH TAFSIR‟, available at <https://myislam.org/surah-
ahzab/ayat-53/>(last visited on 05-05-2022).
17
BBC News, „Types of Islamic Veils‟, available at <https://barringtonstageco.org/types-of-islamic-veils/>(last visited on 10-05-
2022).
18
Ibid.
19
Ibid.
20
Ibid.
21
Wikipedia, „Chador‟, available at <https://en.wikipedia.org/wiki/Chador> (last visited on 10-05-2022).

7
 7. Burqa: It covers the entire body of a woman. It may be a one piece cloth or a two piece cloth.23

2.4 Veiling by women of other religions than Islam

Following are some of the religion in which veil is prevalent:

1. Christianity

In many countries it is traditional for women to carry some form of Christian head covering in Church. This
is based on the interpretation of 1 Corinthians 11:2-16. Nuns cover their heads as a sign of humility. A piece
of black or white lace which is also known as chapel veil or mantillas is draped over women‟s head while
attending the masses. Veiling in Christianity varies depending upon country, community and denomination.
Mantillas are associated with pious religious practice in Roman Catholic Church. 24

22
BBC News, „Types of Islamic Veils‟, available at <https://barringtonstageco.org/types-of-islamic-veils/>(last visited on 10-05-
2022).
23
Ibid.
24
„Veiling in Other Religious Traditions‟, available at <https://ncmideast.org/wp-content/uploads/sites/1065/2011/07/Veiling-in-
Other-Religious-Traditions.pdf> (last visited on 10-05-2022).
8
Paul in his letter to the Corinthians states:

"For if a woman does not have her head veiled, she may as well have her hair cut off. But if it is
shameful for a woman to have her hair cut off or her head shaved, then she should wear a veil.".25

2. Judaism

Veiling is equally important in Judaism, as in Christianity and Islam. Jewish laws provides for veiling of
women‟s hair as a symbol of modesty. Presently veiling is practiced by orthodox Jewish women and Hasidic
women. The most popular head covering for Jewish women is to wearing a scarf or a covering over their
head.26

3. In Hindu Culture

Hindu women began to wear veils only after Muslim conquests over the Indian sub-continent .Hindu
scriptures do not contain any instructions regarding clothing of men or women. Presently the veiling practice
is not so prevalent in Hindu Culture, but women in Northern India still follow this custom to some extent.27

4. In Buddhist Culture

At the Buddhist time some women carried veil but they carried it in the sense of hats not to conceal the
face. However after some time it was considered desirable for upper class women and women in royal
households to carry veil. Now there are only a few Buddhist female monastics who carries veils in order to
symbolize humility. 28

5. Veils are carried by rich and classy women of Mediterranean societies .

Assyrian law requires free women to cover their heads in public. Prostitutes and slave women are not
allowed to cover their heads. Greek and Persian societies also required the similar head covering. 29

25
United States Conference of Catholic Bishops, „Corinthians‟, available at <https://bible.usccb.org/bible/1corinthians/11>( last
visited on 10-05-2022).
26
„Veiling in Other Religious Traditions‟, available at <https://ncmideast.org/wp-content/uploads/sites/1065/2011/07/Veiling-in-
Other-Religious-Traditions.pdf> (last visited on 10-05-2022).
27
Ibid.
28
Ibid.
29
Abed Awad, „5 things you didn't know about religious veils‟(09-06-2015), CNN, available at
<https://edition.cnn.com/2015/06/09/living/five-things-veils/index.html> (last visited 10-05-2022).
9
 6. Women’s hair are considered too attractive by some Jewish tradtions.

Jewish law also related veiling with modesty. In Jewish community, veiling depends on religious
denomination. For instance, some Hasidic women shave their head after wedding and keep on doing shaving
on monthly basis and wear a wig instead of the veil. Others wear scarf to cover their head. Some liberal class
women have given up veiling altogether. 30

30
Ibid.
10
 Chapter 3-International Perspective
The recent outrage over hijab has reopened the debate revolving around freedom of religion. Freedom of
Religion is not only a constitutionally guaranteed right but it is also recognized under International law.
Let‟s see how International law deals with freedom of religion.

3.1International law on freedom of religion.

Article 18 of the International Covenant on Civil and political Rights (ICCPR) provides for freedom of
religion and belief .

The UN Human Rights Committee affirms that freedom of religion includes not only ceremonial acts but
wearing of distinctive clothing or head covering as well.31

Article 18(3) of theICCPR provides that limitation on freedom of religion must be non-discriminatory and
proportionate to public safety, order, health, morals, and fundamental rights and freedom of others.32

The UN Special Rapporteur on Freedom of Religion or Belief, has stated that “burqa” bans are
incompatible with international law guaranteeing freedom of expression and the right to express one‟s
religion or belief .33

Article 9 of the European Convention on Human Rights (ECHR) provides for the right to freedom of
thought, conscience and religion to everyone.34

3.2 Countries where Face Veils are prohibited.

Following are some of the countries where face veils are prohibited:

31
United Nations, International Covenant on Civil and Political Rights, available at <https://www.ohchr.org/en/instruments-
mechanisms/instruments/international-covenant-civil-and-political-rights>(last visited on 10-05-2022).
32
Ibid.
33
United Nations Human Rights, „France: Banning the niqab violated two Muslim women‟s freedom of religion - UN
experts‟(23-0-2018), available at <https://www.ohchr.org/en/press-releases/2018/10/france-banning-niqab-violated-two-muslim-
womens-freedom-religion-un-experts>(last visited on 10-05-2022).
34
European Convention on Human Rights, „European Convention on Human Rights (ECHR) Article 9 and 14‟(01-09-2015).
available at <https://minorityrights.org/law-and-legal-cases/european-convention-on-human-rights-echr-article-9-and-14/>(last
visited on 10-05-2022).
11
 1. France
France was the first country to impose a ban on „burqa‟. Blanket ban was imposed on the religious veils by
the French Parliament. The Act, Law of 2010-1192 prohibits concealment of face in public places. In 2011,
the then President Nicolas Sarkozy was heard saying religious veils are “not welcome” in France. 35

2. Switzerland

Switzerland banned veils in March 2021. 51% of the voters in Switzerland voted in favor of the ban. The
reason cited behind ban was to combat the oppression of women and recognize the fundamental principle
that in a free society faces should be shown like the rich democracy of Alpine. 36

3. Netherlands

In August 2019, Netherland imposed a partial ban on „burqa‟ and „niqab‟ in public transport, governmental
buildings, health and educational institutions. Against this there was a huge protest launched by Muslim
Rights Groups. Dutch government justified the partial ban on the ground that ban is limited at locations
where communication is vital for good quality service or essential for security reasons. 37

4. Sri Lanka

In Sri Lanka, Cabinet approved ban on „burqa‟ after the tragic Easters attack in April 20021. The reason
cited for ban was national security. The face coverings here includes „burqa‟ and „niqab‟.38

5. Belgium

In Belgium also there is a ban on face veils because of security reasons as police must be allowed to identify
people in public. Anyone who violates this hijab ban law in Belgium can be sent to jail for maximum 7 days
and may also be fined. 39

35
Outlook web desk, „Countries That Have Banned Burqa And What International Law Says About It‟(18-05-2022), available at
<https://www.outlookindia.com/international/countries-that-have-banned-burqa-but-what-does-international-law-tell-about-it--
news-121782>(last visited on 20-05-2022).
36
Ibid.
37
Ibid.
38
Ibid.
39
Ibid.
12
 6. China

In 2017 China banned „burqas‟, „veils‟ and “abnormal” beards. The regulations imposed prohibit women in
burqa to enter airports, railway stations and other public places.40

7. Austria

Austria imposed a ban on full face coverings in October 2017. Police can use force if anyone resisted toshow their
face. A fine of 150 Euros can be imposed on violating this law.41

8. Bulgaria

The Parliament of Bulgaria imposed a ban on face veils in public in 2016. The reason behind the ban was Islamist
militant attack in Europe. On violating the law a fine of 1,500 levs can be imposed.42

3.3 Countries where wearing hijab is mandatory

Following are some of the countries where wearing hijab is mandatory.

1. Iran

In Iran, wearing hijab in public places is essential since Islamic Revolution of 1979. In any condition women
have to wear hijab while going out in public. Apart from this women are required to wear loose clothes.
They are not allowed to wear anything that makes their body attractive. There is a strict hijab dress code in
Iran. There have been many protests against this compulsion. Many women are exploited and harassed in
Iran for not wearing the hijab. Many women commit suicide to save themselves from harassment and
exploitation.43

40
Ibid.
41
Ibid.
42
Ibid.
43
Hijabo, „Countries Where Hijab or Veil is Mandatory‟(29-09-2020), available at <https://hijabo.in/countries-where-hijab-is-
mandatory/>(last visited on 10-05-2022).
13
 2. Afganistan

In Taliban‟s world it is essential for a women to wear full body covering while going out in public. If a
women refuses or ignores to comply with this direction then a male member of her family can be pumished
fot that. 44

Taliban has also ordered female staff member of U.N. Assistance Mission in Afghanistan to wear hijab
while performing her duties.

Women in Afganistan are facing brutal violence and harassment and their identity, education and
development are in danger.

3. Iraq

In Iraq also hijab is mandatory. Although the hijab is mandatory throughout the country but the rule is more
strict in Najaf and Karbala‟s Shi‟ a holy cities. Most of the women wear „abaya‟ rather than just hijab. 45

4. Saudi Arabia

Like most of the Islamic countries Saudi Arabia has also made it mandatory for women to carry hijab. It is
compulsory for women there to dress modestly while going out in public. The women in Saudi Arabia had
taken this rule quite comfortably. It has become a fashion than a compulsion. Probably because of the stylish
hijab look of Arabian women, hijab has become so popular worldwide. 46

5. Indonesia

Indonesia has largest Muslim population residing into it. Firstly, a law was passed where women had to
cover their head for all the time in public. But there was a huge protest against this, later after many
political controversies hijab was made not mandatory. Indonesia then followed the footsteps of Dubai
and made hijab optional for women.47

44
David Zucchino and SafiullahPadshah, „Taliban Impose Head-to-Toe Coverings for Women‟(10-02-2022), The New York
Times, available at <https://www.nytimes.com/2022/05/07/world/asia/taliban-afghanistan-burqa.html>(last visited on 12-05-
20222) .
45
Hijabo, „Countries Where Hijab or Veil is Mandatory‟(29-09-2020), available at <https://hijabo.in/countries-where-hijab-is-
mandatory/>(last visited on 10-05-2022).
46
Ibid.
47
Ibid.
14
3.4 International cases concerning religious freedom and uniform

Following are some of the cases dealing with religious freedom and uniform.

Dahlab v. Switzerland48

In this case a primary school teacher who had converted to Islam complained that the school authorities
restricted her from wearing headscarf in the classroom. She stated that she had previously worn a similar
headscarf for a few years. The Court declared her application inadmissible as the students of her class was
between the ages of four to eight who can be easily influenced by their teacher.

48
(2001) ECHR 15.
15
Kurtulmuş v. Turkey 49

There was a prohibition on university professors on wearing Islamic headscarf in exercise of their function.
The applicant contended that the ban on wearing headscarf violated her right to manifest her religion freely.
The ban violated Article 8 (right to respect for private life), 9 and 10 (freedom of expression) of the
Convention of ICCPR.

The Court declared the application inadmissible. It was held that in a democracy, State has a right to prohibit
religious clothing if it clashed with the aim of safeguarding rights and freedom of others.

In Tinker v. Des Moines 50

Here the validity of action of school authorities was challenged. A group of students who wore black
armbands as a symbol of silent protest against Vietnam War were suspended by the school authorities. In
this case, the U.S Supreme Court favored the students and ruled that students or teachers do not lose their
constitutional right of freedom of speech and expression by entering the school gate .

In Multani v.Commission scolaire Marguerite-Bourgeoys.51

The Supreme Court of Canada held that Sikh students have right to wear Kirpan during classes. However by
doing this they should not harm others.

In Masterpiece CakeshopPvt Ltd v. Colorado Civil Rights Commission52

The U.S Supreme Court validated the baker‟s refusal to provide a wedding cake to a same sex couple. The
Court in this case accepted the religious beliefs and convictions of the baker.

In Lee v. Ashers Baking Company Ltd 53

In this case U.K Supreme Court validated another baker‟s refusal to supply cake by printing on it message
that supports gay marriage.

49
Decided on 24-01-2006.
50
393 U.S. 503 (1969).
51
[2006] 1 S.C.R. 256 .
52
138 S. Ct. 1719 (2018).
53
[2018] UKSC 49 .
16
 Chapter 4- Freedom of religion and religious attire
On the petition filed by the students against the ban imposed on wearing hijab in classroom, the Bench
comprising of Hon‟ble Chief Justice Ritu Raj Awasthi, Hon‟ble Justice Krishna S. Dixit and Hon‟ble Justice
J.M. Khazi ruled that hijab is not an essential religious practice of Islam and ban on wearing hijab in
classrooms is a reasonable restriction and constitutionally valid.
The significant question that arises here is what is „essential religious practice‟ and how Indian Courts apply
this test?

4.1 Essential Religious Practices Test.

Article 25 of the Constitution guarantees to the citizens of India

“freedom of conscience and the right freely to profess, practise and propagate religion”. However, this
right isn‟t absolute. This is subject to public order, morality, health, and other fundamental rights.

Article 25 does not provide any other condition for the protection of this right, however, the Indian Courts
over the years, have ruled that the Article protects only “essential religious practices” and not all
religious practices. 54

Courts have adopted various approaches to determine essential religious practices. In some cases they
determined it on the basis of religious texts; in other cases they determined it on the basis of behavior of the
followers.

Judgements of the Courts are usually based on the debates of Constituent Assembly and speeches of Dr.
B.R. Ambedkar. Dr.Ambedkar on 2 December 1948 acknowledged that religion embraces every aspect of
life, from birth to death of the people of India. However, he added that definition of religion should be
restricted in such a manner that it extends only to beliefs and rituals that are essential to a religion.55

Indian Courts have used Ambedkar‟s use of the term “essentially religious” to formulate the essential
religious practice test.

54
ApporvaMandhani, „What is an „essential religious practice‟, and why hijab didn‟t make the cut for Karnataka HC‟(21-03-2022),
The Print, available at <https://theprint.in/theprint-essential/what-is-an-essential-religious-practice-and-why-hijab-didnt-make-the-
cut-for-karnataka-hc/880827/>(last visited on 10-05-2022).
55
Ibid.
17
4.2 ‘Essentially religious’ and the Shirur Mutt case
One of the first cases where Court adopted essential religious practice test was ShirurMutt case in 1954. In
this case the seven Judge bench of Supreme Court the court was constituted to define the constitutional
scope of religious freedom over the extent to which the Madras Hindu Religious and Charitable
Endowments Act, 1951, could control the management of the Shirur Mutt, a monastery in Udupi.

The court observed that the question what constitutes the essential religious practices has to be ascertained
with reference to the tenets of religion itself.

The Court stated that if the tenets of any religion ordains for offering food to the idol at a particular time, for
performance of ceremonies in a particular way at a particular time, recital of sacred texts every day or
offering of ablations to the sacred fire, all these would constitute essential religious practice and will not
become secular activities merely because they involve expenditure of money, involvement of priests and
servants or make use of marketable commodities.

While many people consider this case as the starting point of the test, other scholars have pointed out here
the intent of the Supreme Court was only to distinguish between religious activities and secular activities. In
other words, the test was not meant to demarcate between essential religious practices and non-religious
activities.

4.3Journey FromShirur Mutt to Sabarimala

However, with the Allahabad High Court ruling in 1957 that bigamy cannot be considered an integral
part of the Hindu religion „essentially religious‟ slowly turned into the „essential religious practice
test‟.

The Supreme Court in 1958, held that the sacrifice of a cow on the occasion of Id is not an essential
religious practice of Islam.56

In 2004, the Supreme Court applied the test of essential religious practice test to decide whether the
Tandava dance was an essential practice of the AnandaMarga Faith. The Court observed that since

the faith had come into existence in 1955, while the Tandava dance was adopted in 1966 , therefore
Tandava cannot be considered an essential religious practice of the faith.57

56
Mohd.Hanif Quareshi& Others v. The State Of Bihar, AIR 1958 SC 731.
18
In 2016, the Bombay High Court in 2016 permitted women to enter the sanctum sanctorum of the
Haji Ali Dargah. Haji Ali Dargah Trust‟s decision to exclude them was held illegal and
unconstitutional. Here trust failed to prove that the exclusion of women from dargahs was an “essential
religious practice‟ of Islam. 58

In 2017, the Supreme Court ruled that triple talaq was not an essential practice of Islam and is
unconstitutional.59

The Supreme Court in 2018, in the Sabarimala case, held that the claim of „Ayyappans‟ (pilgrims) of
excluding women between the age of 10 and 50 from entering the temple is not an essential religious
practice.60

4.4 The reason for hijab not being essential religious practice of Islam.
The Karnataka High court ruled that hijab is not an essential religious practice of Islam.

The Court referred to the commentary on the Quran and held that there is no‟ Quranic mandate or
injunction‟ on wearing of hijab. Wearing of hijab is only recommendatory not mandatory under the Quran.

It is nowhere mentioned in Quran that the person who doesn‟t wear hijab becomes sinner or if hijab is not
worn Islam will lose its glory. Hijab may be related with the culture but certainly it is not related with the
religion of Islam.

The Court stated that not essential religious practices cannot be made essential religious practice
through public agitations or by the passionate Court arguments.

4.5 Criticism of the essential religious practices test.

The test has time and again faced several criticisms. Critics points out that under essential religious test
Judges become the “ecclesiastical authorities even for religions other than their own.

57
Commissioner of Police &Ors v. Acharya J. Avadhuta And Anr, [2004] Insc 155 (11 March 2004 ).
58
Dr. Noorjehan Safia Niaz And 1 Anr v. State Of Maharashtra And Ors, (2016) SCC On Line Bom 5394.
59
Shayara Bano v Union of India, ( 2017) 9 SCC 1 (SC).
60
Indian Lawyers Association v.The State of Kerala, (2017) 10 SCC 689.
19
Hon‟ble Justice D.Y. Chandrachud in the Sabarimala case lamented :

“compulsions nonetheless have led the Court to don a theological mantle”.

Also the essential religious practice test is quite uncertain .What is essential religious practice of a particular
religion has to be determined on case to case basis.

4.6 Judicial Precedents relating to essential religious practices of a religion.

Following are some of the cases decided by Indian Courts concerning essential religious practice of a
religion:

In Amna Bint Basheer v Central Board of Secondary Education 61

Wearing of hijab was held to be essential religious practice by the Kerala H.C. In this case a petition was
filed by a student named Amnah Bint Basheer who challenged the dress code prescribed for the candidates
appearing for AIPMET-2016 by CBSE. CBSE was directed by the Kerala High Court to allow candidates to
wear headscarf and long sleeved dresses while attempting the exams.

In Fida Fathima v Union of India62

A writ petition was filed by the members of the Muslim Students Federation at Calicut University on the
ground that dress code prescribed was unconstitutional as it violated the freedom of religion of the students..
They contended that :

The All India Institutes of Medical Sciences (AIIMS) cannot prohibit candidates from wearing a hijab
(a religious headdress) while appearing for its entrance examinations..

The Court in this case decided in favor of the petitioners.

In Fathima Thasneem v. State of Kerala63

The court held that the authorities in private aided schools are entitled to disallow head scarfs and full
sleeve shirts in the classroom if they are contrary to the prescribed dress code.

61
2016 (2) KLT 601.
62
( 2020) SCC OnLine SC 423.
63
(2018) SCC OnLine Ker 5267.
20
In Bijoe Emmanuel v. State of Kerala 64

In this case students belonging to the denomination of Jehovah‟s Witnesses were allowed to abstain from
singing the national anthem as it contradicted with their religious faith.

In Indian Lawyers Association v. The State of Kerala (Sabarimala case)65

The Court ruled that bar on the entry of women belonging to age group 10 to 50 is not an essential religious
practice of the religion. The Court denied that devotees of Lord Ayyappa has separate religious
denomination.

In Commissioner of Police &Ors v. Acharya J. AvadhutaAndAnr66

The Supreme Court ruled that Tandav dance is not an essential religious practice of the sect; therefore
Ananda Marga Sect has no right to perform it on public streets.

Dr M Ismail Faruqui and Orsvs Union Of India and Ors67

In this case it was held that Mosque is not an essential religious practice of Islam as Namaz can be offered
anywhere even in open.

In S.R. Bommai v. UOI 68

The Hon‟ble Supreme Court ruled out that State and religion must be separate. The Court further stated that
freedom of religion is a symbol of pluralism and inclusiveness. It advances diversity and harmony. The

restrictions on freedom of religion should be reasonable and not motivated or mala fide.

64
AIR 1978 SC 748.
65
(2017) 10 SCC 689.
66
[2004] Insc 155 (11 March 2004).
67
AIR 1995 SC 605.
68
AIR 1994 SC 1918.
21
Chapter 5 - Hijab : Choice or Patriarchy , A Feministic Stance
By the incident of Karnataka where some Muslim girls were restricted from entering the classroom for
wearing the hijab, an old debate got reopened in India especially among the feminists. The substantial quest
here is whether the religious clothing that signifies the need for a woman to be modest should be defended
or considering it as a clothing rooted in patriarchy should be opposed. Is there a difference between Hijab
and Niqab or should the feminist stance should change depending upon how much body of a woman is
covered by the article of clothing?

There have been instances of many feminists who support the hijab, there have also been many who opposes
it. We can analyse the stance of both to reach on to a definite conclusion.

5.1 Hijab as a choice.

Some of the feminists are making the argument in favor of hijab that it is a choice of women whether she
wants to wear it or not. If some women feels comforted in hijab they shouldn‟t be forced to not to wear it.
Similarly if she doesn‟t want to wear it, she can‟t be forced to do so. There are instances of many models
like Halima Aden, Hibaq Farah, Fatima Ahmad who wears hijab as a fashion symbol. In a free society
everyone is free to dress according to their own wishes.

5.2Hijab as a symbol of Patriarchy

Some people consider hijab as a symbol patriarchy. They contend that since the purpose underlying hijab is
that it is women‟s are responsible to save themselves from lascivious sight of men. She is seen as a
hindrance in the society. So any attempt of glamorizing hijab is equivalent to shackling the women in
chains.

Those who considers hijab a choice must be told that question of choice comes when you are set free to
choose. Muslim women, due to family and societal never had this option. Hijab might be a choice for a few
liberated and empowered Muslim women but to a common girl it was compulsion mandated by her family
or society.

Some also put forward the argument in favor of hijab that the women who carries hijab portrays
piety and deserves more respect. But the question arises that whether the only women who wears

22
hijab should be respected. It is humbly submitted that women should be respected for her kindness
and generosity and not for any religious clothing.69

As the H.C of Karnataka ruled hijab is no an essential religious practice of Islam. Hijab is just a part of
Middle Eastern Desert Culture. So on this ground also hijab can‟t be mandated.

5.3Analysing the position

Differences in how people choose to project their religiosity should be respected. Leaving aside the question
of dress code at educational institutions and like places as that will be decided by the Court , women should
be free to decide her beliefs and clothing. But the choice must be free not because of family pressure or
societal pressure. History is full of instance where women became victim of violence and discrimination
because of clothing across the globe. Here we can have a look on few instances :

Afghanistan

In the world where Taliban rules a woman is required to cover herself with niqab, burqa or hijab. Taliban is
using burqa, hijab or niqab as a tool of oppression against women.

Few months ago a video went viral where a Taliban fighter compared woman without hijab with „sliced
melon‟. He says that „who will buy a sliced lemon‟. A woman without hijab is like a sliced lemon.70

It is intimidating to see how Taliban is making every effort to reduce women‟s identity and rights.

Iran

In Iran, wearing hijab in public places is essential since Islamic Revolution of 1979. In any condition women
have to wear hijab while going out in public. Apart from this women are required to wear loose clothes.
They are not allowed to wear anything that makes their body attractive. There is a strict hijab dress code in
Iran. There have been many protests against this compulsion. Many women are exploited and harassed in
Iran for not wearing the hijab. Many women commit suicide to save themselves from harassment and
exploitation.71

69
Farzana Hassan, „The hijab and niqab are rooted in patriarchy‟(05-01-2017), Toronto Sun, available at
<https://torontosun.com/2017/01/05/the-hijab-and-niqab-are-rooted-in-patriarchy>(last visited on 10-05-2022).
70
ZEE News, „Taliban member compares women without Hijab with 'sliced melon', Twitter schools him‟, available at
<https://zeenews.india.com/viral/taliban-member-compares-women-without-hijab-with-sliced-lemon-twitter-schools-him-
2392175.html>( last visited on 10-05-2022).
71
Hijabo, „Countries Where Hijab or Veil is Mandatory‟(29-09-2020), available at <https://hijabo.in/countries-where-hijab-is-
mandatory>(last visited on 10-05-2022.
23
Even the girls of age young as seven years are forced to cover their hair with headscarf unwillingly. Women
who fail to comply with the body covering rule are treated as criminals in Iran.

There is a „morality police‟ in Iran that keeps surveillance upon women and girls of Iran. The police officers
can stop any women in Iran and examine their dress carefully as how many strands of hair are uncovered,
length of the trouser and overcoats, amount of make-up applied on face etc.

The punishment for not wearing headscarf in public involves arrest, jail, flogging or fine.

Even if a women is wearing the headscarf, she still could be deemed to have violated the law if few strands
of her hairs are not covered or if her clothes are too tight or colorful etc.

There are innumerable instances where „morality police‟ slapped women on face, beaten them or threw them
into police vans because of their dress.72

India

In India, a man killed his minor daughter for not wearing a “ghoonghat” in Alwar district of Rajasthan.73

To name another incident, a 17 year old girl was killed by her uncles and grandfather for wearing jeans in
the village. This incident happened in Deoria district of Uttar Pradesh.74 After the incident the accused said
that the western attire is against culture and tradition so they killed her.

These two incidents show how women are being subjected to violence in the name of culture and tradition.
Their bodies are being used as a shield for man‟s misinterpretation of culture and tradition.

Some years back in Nirbhaya gang rape case some people were trying to justify violence against women on
the basis of her choice of clothes. In this case the accused‟s lawyer M.L Sharma defended accused by
comparing women with a box of sweets.

72
Amnesty International, „Iran: Abusive forced veiling laws police women‟s lives‟(28-05-2019), available at
<https://www.amnesty.org/en/latest/campaigns/2019/05/iran-abusive-forced-veiling-laws-police-womens-lives/>(last visited on
10-05-2022)
73
SnigdhaChoudhury, „Beyond burqa and ghoonghat, identify cultural violence against women to put an end to it‟(21-09-2021),
available at <https://www.indiatoday.in/news-analysis/story/ban-burqa-ghoonghat-cultural-violence-women-rights-afghanistan-
taliban-world-india-1853434-2021-09-16>( last visited on 10-05-2021).
74
Santosh Kumar, „Relatives kill 17-year-old UP girl over wearing jeans, try to throw body from bridge; 2 arrested‟, India today,
available at <https://www.indiatoday.in/india/story/relatives-kill-17-year-old-up-girl-over-wearing-jeans-try-to-throw-body-from-
bridge-2-arrested-1831327-2021-07-22>( last visited on 10-05-2022).
24
He was heard saying that if sweets are kept on the street then dogs will naturally come and eat. He
questioned the victim‟s parents for sending her out at late night and not keeping an eye on where she
goes and with whom.75

Hijab for some may be a choice, for some it is a compulsion too. For some it is a tool of oppression while
for some it is a method of liberation. There have been instances of models wearing hijab as a symbol of
fashion like Halima Aden, Hibaq Farah, Fatima Ahmad etc., but there are also instances where women
suffered violence because of hijab or any other clothing.

Leaving aside the question of uniform, wearing or not wearing hijab or any other clothing should be a choice
of women. She can‟ be forced to wear or not to wear it.

We can take the instance of Ascia Al Faraj who is a Kuwait based blogger. She somehow felt
disconnected with the hijab and decided to quit being hijab wearing fashion icon.

Dina Torkia who is a social media influencer based in the U.K, also removed her headscarf even
though when her identity was built on twin pillars of being hijabi and fashionista.

Bushra Shaikh who appeared on the Apprentice in the U.K has also stopped wearing hijab after 26
years.

Wearing hijab or not should be a matter of individual‟s choice. No women should be praised or prosecuted
for wearing or not wearing hijab. Choice of clothing shouldn‟t be announced, celebrated or abused. There
shouldn‟t be any debate on how a woman dresses herself. Leaving aside the question of uniform women,
should be completely free to choose her clothing. In the countries where hijab is mandatory feminist drive
should be directed towards opposing the mandate and where it is banned they should struggle against the
ban. Choice should prevail not the compulsion. However, this couldn‟t apply to uniforms. Hijab is allowed
is classrooms or not will be ultimately decided by Hon‟ble Supreme Court.

75
The Times of India, „Defence lawyers blame Nirbhaya for rape‟, available at
<https://timesofindia.indiatimes.com/india/defence-lawyers-blame-nirbhaya-for-rape/articleshow/46451407.cms>( last visited on
10-05-2022).
25
 Chapter 6-Possible Impact of hijab controversy over education of
Muslim Girls.
While some people are connecting hijab controversy with the religion, some are blaming politics
for that, there is one more and rather serious side of this controversy. There are lots of Muslim girls for
whom hijab is not a choice but a mandate given by their family or imposed by the society. Disallowing these
girls to wear hijab in classroom might have an adverse impact on their education. They might be forced to
not to attend schools and colleges and their entire advancement might come to a sudden halt.

As per the data of National Sample Survey,

The Gross Attendance Ratio (GAR) of Muslim women in higher education in India has increased
from 6.7 per cent to 13.5 percent, between 2007-08 and 2017-18.76

On literacy level the percentage of literate Muslim women have increased from 2007-08 to 2017-18.There is
still a considerable number of illiterate Muslim women but this ratio is falling drastically.

76
BabraWani, „Hijab and Education of Muslim Women‟(17-02-2022), available at <https://groundreport.in/hijab-and-education-
of-muslim-women/>( last visited 10-05-2022).
26
These developments have been possible because the number of schools and colleges have increased in
India over the recent years. With the schools and colleges nearly located parents feel safe and confident in
sending their daughters to school.

But the recent outrage over hijab can have a very regressive impact over the development made by Muslim
girls over last few years. The posters reading “Pahele Hijab Phir Kitab” can be found pasted on the walls of
many streets. These all incidents create an intimidating situation for a girls who are trying to live their
dreams but are forced by the destiny.

While everyone is trying to mould this controversy in their own favor, the persons who have really suffered
due to the controversy are those innocent Muslim girls whose careers are in danger.

While the Karnataka High Court has ruled that hijab is not an essential religious practice of Islam and the
appeal to this decision is pending before the Supreme Court, many experts fear that the recent standoff might
impede the education of Muslim girls and belittle the achievements made by them in the recent years.

Because of the hijab controversy the education of Muslim girls might suffer a setback resulting in
withdrawal of Muslim girls from the educational institutions. This contest between religion and education,
community and the system will have an adverse impact on the education of innocent Muslim girls.

Senior political scientist MuzaffarAssadi

He feared that due to the hijab controversy all the developments made by Muslim girls might suffer a
setback resulting in withdrawal of girls from the secular education. 77

Development Educationist Niranjanaradhya V.P.

He is of the opinion that:

The present hijab outrage is a result of communal forces and it has generated anxiety, insecurity and fear
among the Muslim girls. The controversy has adversely affected their psychology and environment around
them has also been impacted. This situation has many adverse effects ranging from discontinuation of
education of Muslim girls to causing depression to them. The Muslim girls might be forced by their
orthodox parents to discontinue education in absence of hijab. 78

77
Ibid.
78
K V Aditya Bharadwaj, „Hijab row likely to hit education of Muslim women, experts fear‟(19-02-2022), available at
<https://www.thehindu.com/news/national/karnataka/hijab-row-likely-to-hit-education-of-muslim-women-experts-
fear/article65059979.ece>( last visited on 10-05-2022).
27
Sharada Gopal of Jagruta Mahila Okkoota

She is of the view that some of the Muslim women might be empowered and liberal enough to have choice
of wearing hijab or not but for others it is a mandate imposed by their families and society. She feared that if
hijab is disallowed in educational institution the enrollment of Muslim women will drop down drastically.
She recalled how even in postgraduate courses, Akka Mahadevi Women‟s University had a higher
79
enrollment rate of Muslim girls, just because it was a women‟s university.

Prof Assadi is of the view that:

Education should be given primacy not hijab or any other religious clothing. Although she doesn‟t stand
against hijab but she stresses that our priority area should be education and not hijab.80

Senior writer Banu Mushtaq

She condemned the hijab outrage. She believes that “fundamentalist forces” are behind this entire episode
who are using the Muslim girls as a stooge in their hands. She is of the opinion that the current outrage
might impede the education of Muslim girls temporarily but things will get back to normal once the outrage
gets over. She believes that girls have realized that it is only through education they can become
independent. Due to hijab ban Muslim girls might be forced to withdraw from government run educational
institutions but still an option to study in minority institution or opt for online courses and distance learning
81
is available to them.

Even if the Hon‟ble Supreme Court decides that hijab is not an essential religions practice and can‟t be
allowed in the classrooms, the need of hour is to ensure the education of these Muslim girls coming from
orthodox families. These innocent girls should not be made victim of circumstances. Resort to opening more
minority education institutions, providing facilities for distance learning and online education can be taken
to tackle the present situation

79
Ibid.
80
Ibid.
81
Ibid.
28
Chapter7- Impact of Hijab Controversy over the Communal Peace
When the whole world was engrossed in the celebration of New Year, the town of Udupi in Karnataka was
getting entangled in a controversy. It all arose when some female Muslim students were denied entry in the
classroom because of wearing hijab.

The localized issue of Udupi, came at the international forefront after French footballer Paul Pogba shared a
post supporting the girls wearing Hijab in colleges .The protests launched by Muslims were initially
„peaceful‟. But with the passage of time there were reported instances of violence, assault and vandalism.82

In the Malebennur town of Davangere district an incident of violence was reported . On 11th February, a
person was attacked and stabbed by a mobfor uploading a post against hijab on his WhatsApp.83

In Nallur village of Davangere district also, a person and his 60-year-old mother was attacked by a mob for
posting on social media on the hijab outrage.84

Death threats were given to Udupi BJP MLA K Raghupathi Bhat and Prime Minister NarendraModi over
hijab controversy.

Leader of Samajwadi Party in U.P. Rubina Khanum has sparked the controversy by threatening to
chop off the hands of those who dared to touch the hijab.

Sparking a controversy, Rubina Khanam made hijab a dignity issue. She commented that if anybody dared
to play with dignity of Muslim girls they(girls) will become Jhasiki Rani and Razia Sultan and chop the
hands touching the hijabs.85

In the State of West Bengal stones were pelted and bombs were hurled at a school where students were
asked to wear uniforms rather than burqa.

82
DibakarDutta, „Burqa row in Karnataka threatens communal harmony and peace. Here is an indicative list where „peaceful
protests‟ culminated into large scale communal riots‟(20-0-2022), available at <https://www.opindia.com/2022/02/karnataka-
burqa-row-communal-violence-riots-independent-india/>(last visited on 07-05-2022).
83
Ibid.
84
Ibid.
85
India Today, „Will chop off hands that try to touch hijab, says Samajwadi Party leader RubinaKhanam‟(12-02-2022), available
at <https://www.indiatoday.in/india/story/chop-hands-touch-hijab-row-karnataka-samajwadi-party-rubina-khanam-1912165-2022-
02-12>( last visited on 07-05-2022).
29
Reports have revealed that the protests on this outrage are being supported by Islamist groups like Popular
Front of India and its students‟ wing, Campus Front of India (CFI). The girls have admitted to have been in
touch with the members of CFI who have been guiding protests.

There have been numerous instances in India where a clash over religious identity has taken such a
gruesome form so as to result in violence and disturb the communal peace and harmony. We can have a look
on following instances:

7.1 Instances of Communal Violence

Moradabad riots of 1980

This incident is also known as Moradabad Muslim Massacre. This happened on the occasion of Eid when
Muslims gathered at the Mosque for offering prayers in Moradabad, Uttar Pradesh.

Massive violence occurred in Moradabad between August–November 1980. Police forces were asked to
remove the pig that entered during the Eid festival prayer in Idgah on 13 August. Police refused to remove
that. This created a tensile situation in Moradabad. The police started indiscriminate firing that resulted in
over hundred deaths. This incident followed some more violent incidents in Moradabad.

Kota riots over religious procession in 1989.

On the last day of the Ganesha festival (September 14, 1989) a major riot took place in Kota , Rajasthan .A
Hindu Anant Chaturdashi procession while passing through a Muslim-dominated area was attacked.

A report in The Washington Post states:

Exactly what happened and how did the riot start is a matter of dispute. The Muslims claims that the Hindus
started chanting blasphemous and provocative slogans against their religion( Islam). On the other hand
Hindus contends that the Muslims first began throwing stones and acid bombs at them .Whatever might be
the reason, this incident put the streets on fire and resulted in a chaotic situation. 86

Riots in Uttar Pradesh between 1990 and 1992 over Ram Janmabhoomi

Durga Puja procession was targeted by some Muslim population on 30 September 1990 in the Colonelganj
tehsil in Gonda district of U.P. After this Hindus started shouting slogans in favor of Ram Mandir. On this
Muslims pelted stones and petrol bombs at the procession.
86
Steve Coll,
„RIOTS BETWEEN HINDUS AND MOSLEMS TOUCH OFF POLITICAL ALARM IN INDIA‟(23-08-1989), The Washington
Post, available at ,<https://www.washingtonpost.com/archive/politics/1989/09/23/riots-between-hindus-and-moslems-touch-off-
political-alarm-in-india/e0aa0e52-e0ce-4340-959f-dc6f82975389/>(last visited on 07-05-2022).
30
Riots occurred in Khurja located in Bulandashahar district of U.P also. The first riot began on 15 December
1990 and lasted till 23 December 1990. Total 74 people including 12 Hindus and 62 Muslims were allegedly
killed in that riot. This riot is said to have sparked by a fake news report published by a newspaper named
„Aaj‟ wherein it was claimed that a Muslim man who was stabbed and being treated in Delhi hospital had
died. 87

Gujarat Riots of 2002

The Gujarat riot also known as Gujarat violence or Gujarat pogrom happened in Gujarat State of India in
2002. There was three day period communal violence in Gujarat. The instigating cause of it was burning of a
train in Godhra on 27 February which resulted into deaths of 58 Karsevaks or Hindu pilgrims who were
returning from Ayodhya. After that were minor riot incidents followed by further outbreak of violence for
three months in Ahmedabad. There was widespread violence against minority Muslim population of
Ahmedabad for the next one year.

A girl named Giteli who started a school for poor families and a training centre for women narrates
her experience of visiting a relief camp near Godhra .

When she visited a relief camp near Godhra she found some of her relatives taking refuge there after the
violence. Among them some were beaten, some separated from their children. She herself lost some of her
88
relatives. By this she was shaken from inside to do something for the upliftment of the community.

Before the troops intervened to bring the situation under control, the Supreme Court had set up a Special
Investigation Team (SIT) in 2008. This SIT investigated about 9 major cases. These major cases involved
violence at Naroda Patiya, Naroda Gaam and Gulbarg society.89

The Exodus of Kashmiri Hindus

In the early 1990 Muslim majority Kashmir valley experienced brutal violence and killing of Kashmiri
Pandits. Of the total 120,000- 140,000 population of Kashmiri Panditts, around 90,000- 100,000 left the
valley or compelled to leave the valley. According to the facts of RTI 89 Pandits were killed in the valley.

87
Dibakar Dutta, „Burqa row in Karnataka threatens communal harmony and peace. Here is an indicative list where „peaceful
protests‟ culminated into large scale communal riots‟(20-0-2022), available at <https://www.opindia.com/2022/02/karnataka-
burqa-row-communal-violence-riots-independent-india/>(last visited on 07-05-2022).

88
The Hindustan Times, 2002 Gujarat riots: 20 years on, wounds remain fresh(28-02-2022), available at
<https://www.hindustantimes.com/india-news/2002-gujarat-riots-20-years-on-wounds-remain-fresh-101645987291256.html>
(last visited on 07-05-2022).
89
Ibid.
31
But the figures appear doubtful as it didn‟t take into account of year 1989. Unofficial sources claim that
number of killing was much more.90

Muzzaffar Nagar Riots of 2013

The strife between Hindu and Muslims in Muzaffar Nagar district of U.P in 2013 resulted in deaths of
around sixty two people. Among them forty two were Muslims and twenty were Hindus. Ninety three were
injured and about fifty thousand people were displaced.

This riot is identified as “the worst violence in U.P in the recent history”. During this riot for the first time in
Uttar Pradesh in last twenty years army was deployed to control the situation.

7.2 Analysing the scenario

India is a cosmopolitan country where people of different religion, caste, race etc. lives together in harmony.
The beauty of Indian culture lies in its diversity. But sometimes this diversity gives rise to riots, violence,
communal hatred etc. The present outrage over Hijab issue prima facie appears to be non-threatening but
caution here has to be taken, as evidenced from above instances, that a minor issue can also take a gruesome
shape and disturb the communal peace and harmony. This is more so because of the anti-social elements
who are trying to reap their own harvest out of seeds sown by hijab unrest.

The speech and propagandas of politicians are also misleading the youth. It instills a sense of hatred among
the youngsters. This is because communalism has always seen as lifeblood of politics. We can take the
instance of any issue, Ram Mandir, Azaan, Namaz, Talaq, Hijab or even the Mughals, politicians always try
to reap their own harvest by dividing the people. 91

These speeches and propagandas cast a very adverse impact on the communal peace. It‟s a high time when
politicians and other prominent persons should stop playing communal cards. Media should also contribute
in maintaining communal peace and harmony by giving balanced news.

90
Chayan Kundu, „Fact Check: Here‟s why viral RTI reply says only 89 Kashmiri Pandits were killed by militants in J&K‟,(17-
03-2022), India Today, available at ,<https://www.indiatoday.in/fact-check/story/fact-check-here-is-why-viral-rti-reply-says-only-
89-kashmiri-pandits-were-killed-by-militants-in-j-k-1926386-2022-03-17>(last visited on 12-05-2022).
91
Sohail Ahmad,
„Indian hijab row: Muslims should not get trapped in communal snares‟ ( 23-02-2022), South Asia Monitor, available at
<https://www.southasiamonitor.org/spotlight/indian-hijab-row-muslims-should-not-get-trapped-communal-snares> (last visited on
07-05-2022).
32
 Chapter 8 -Views of Prominent Persons over Hijab Controversy.
There is a sharp difference of opinion when it comes to the question whether hijab should be allowed in
classroom or not. We can have a look over the opinions of some of the prominent persons.

8.1 Views of the lawyers

In favor of the hijab

1. K Diwakar,

Senior advocate who served as adviser to CM in 2008,

He is of the view that since Muslims in India are governed by the Muslim Personal Law, the right to wear
„hijab‟ or „burqa‟ is also protected.92

2. BT Venkatesh,

Senior advocate and former State Public Prosecutor of Karnataka High Court,

He is of the view that so long as students are wearing uniform with the hijab, hijab should be allowed.
Hijab should be seen as normal as a head cover. He said under Articles 19 and 25 wearing of hijab by
Muslim students is protected by the fundamental right to practice one‟s religion.93

AGAINST the hijab

1. B.V.Acharya,

Senior Advocate and Former Advocate General of Karnataka.

He is of the view that the government has all the rights to impose uniforms in its government run colleges
and students have to follow it. In support of his view he cites the Allahabad high court verdict delivered last
year in August, where the High Court had refused to allow a Muslim policeman to keep a beard while in
service.94

92
The Times of India, Karnataka: Some experts back uniform code, others support students, available at <
https://timesofindia.indiatimes.com/city/bengaluru/some-experts-back-uniform-code-others-support-
students/articleshow/89356365.cms>(last visited on 7-05-2022).
93
Ibid.
94
Ibid.
33
 2. Uday Holla

Senior advocate

He is of the opinion that religious clothing in the classroom creates barriers between students as well as
between the teachers. The main purpose of prescribing uniform is to maintain uniformity and instill a sense
of camaraderie among students of different caste, class, religion and culture. If all students started wearing
religious dresses then the purpose of uniform will be defeated. 95

8.2 Views of the activists

In favour of the Hijab

1. MalalaYousafzai

Advocate for girls’ education & women's equality ,UN Messenger of Peace, Nobel
laureate 2014 , Founder @MalalaFund

Malala stood against hijab ban. She said by banning hijab college is forcing women to choose between
studies and hijab. This is objectifying the women based on the length of their clothes. Marginalisation of
Muslim women should be stopped.96

2. FathimaThahliya

Prominent voice amongst Muslim women, Activist in Kerala,National Executive

Member of Muslim Student Federration(MSF).

She believes that the entire Karnataka episode is unfortunate. She blamed the BJP government for trying to
divide people in Karnataka on communal lines. 97

95
Ibid.
96
MalalaYousafzai, Twitter Account, available at <https://twitter.com/malala/status/1491061297718435844>(last visited on 16-
02-20220).
97
Vivek Karindalam, „Women activists from Kerala pledge support for „hijab movement‟ in Karnataka( 07-02-2022), India News,
available at <https://www.timesnownews.com/india/kerala/article/women-activists-from-kerala-pledge-support-for-hijab-
movement-in-karnataka/856778>( last visited on 16-05-2022).
34
Against the Hijab

Harsha

Bajrang Dal Activists

He stood against wearing of hijab in the classroom. He was the member of Bajrang Dal Organisation. He
also took saffron shawls in protest against hijab wearing Muslim women. He was killed by a group of
Muslim youth for supporting hijab ban.98

8.3 Views of the Politicians

In Favour of the Hijab

1. Priyanka Gandhi Vadra,

General Secretary, Indian National Congress.

Mrs. Priyanka Gandhi Vadra has supported the girls fighting for hijab. She tweeted on her twitter account
that it should be a women‟s choice whether she wants to wear a bikini, a ghoonghat, a pair of jeans or a
hijab. The constitution of India guarantees this right..99

2. ShashiTharoor,

Indian Former International Diplomat, Politician, Writer and Current Member of

Parliament.

Mr. Tharoor said that the strength of India is that here everyone is free to wear according to their wishes. If
hijab is disallowed then Sikh turban, Hindu‟s forehead mark, Christian‟s crucifix should also be disallowed.

98
Op India, „Karnataka: Bajrang dal activist Harsha‟s murder was planned with intention of sparking communal violence over
hijab issue, NIA finds‟(04-02-2022), available at <https://www.opindia.com/2022/04/karnataka-bajrang-dal-harshas-murder-
murder-communal-violence-hijab-nia/>( last visited on 16-05-20220).
99
Priyanka Gandhi Vadra, Twitter account, available at
<https://twitter.com/priyankagandhi/status/1491266789179011075?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwter
m%5E1491266789179011075%7Ctwgr%5E%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.thetatva.in%2Fopinions%2Fg
hoongat-is-patriarchal-hijab-is-a-choice-while-bindi-is-mysogyny-burqa-is-freedom-the-hypocrite-stance-of-indian-
secularism%2F8471%2F>(last visited on 16-05-2022) .
35
The argument of college authorities is fallacious in itself. The girls should be let free to study and decide
their own clothing.100

3. Asaduddin Owaisi,

Indian politician; President of the All India Majlis-e-IttehadulMuslimeen, Four-time

Member of Parliament (MP), representing the Hyderabad constituency in Lok Sabha.

Mr. Owaisi has tried to give political color to the hijab controversy. He blamed the B.J.P government for not
allowing the Muslim students to wear hijab. He questions that P.M Modi speaks about empowering Muslim
women by triple talak law but is this his „beti bachao beti padhao‟campaign ?‟.101

4. Rahul Gandhi

Indian politician, Member of the Indian Parliament representing the constituency of

Wayanad.

He is of the view that disallowing wearing of hijab in the classroom is like robbing the future that belongs to
the daughters of India. He emphasizes that Ma Saraswati doesn‟t discriminate and imparts knowledge to
everyone so we are no one to come in the way of education of Muslim girls.102

Against theHijab

1. Amit Shah,

Union Home Minister, Member of Parliament.

100
Shashi Tharoor, Twitter Account, available at
<https://twitter.com/ShashiTharoor/status/1489170438475612161?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwter
m%5E1489170438475612161%7Ctwgr%5E%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.financialexpress.com%2Findi
a-news%2Fkarnataka-hijab-row-shashi-tharoor-slams-college-for-preventing-entry-of-girls-says-everyone-free-to-wear-what-
they-want%2F2425048%2F>( last visited on 5-05-2022).
101
The Times of India, „Uttar Pradesh: Is this beti bachao, beti padhao, asks AIMIM chief Asaduddin Owaisi over hijab row in
Karnataka‟, available at <https://timesofindia.indiatimes.com/city/meerut/is-this-beti-bachao-beti-padhao-
owaisi/articleshow/89440741.cms> (last visited on 05-05-2022).
102
Rahul Gandhi, Twitter Account, available at <https://twitter.com/rahulgandhi/status/1489828107641053188>(last visited on
05-05-2022).
36
Mr. Shah favors uniform and believes that every student should follow the dress code prescribed by the
school.103

2. Aaditya Thackeray

Minister for Tourism, Environment & Protocol, Government of Maharashtra.

Mr. Thackeray also supported uniform and said that where uniform is prescribed only that should be
followed. Shiv Sena believes that students should wear uniform only in schools and colleges.104

8.4 Views of Celebrities regarding Hijab

In Favor of hijab.

1. Harnaz Kaur Sandhu,

Miss Universe 2021, Indian Model.

She said that it‟s a girl‟s right to choose what she wants to wear. No one can speak on that. Women
belonging to different culture should respect each other. Doing politics on this is wrong. 105

2. Filmmaker Neeraj Ghaywan wrote

He says that present controversy can give rise to Genocide. He calls all the progressive Hindus to give away
hate and take action. Their silent disassociation will have no meaning.106

103
Deccan Herald ,‟Court's decision on hijab issue should be accepted by all: Amit Shah‟, available at
<https://www.deccanherald.com/national/courts-decision-on-hijab-issue-should-be-accepted-by-all-amit-shah-1083598.html>
(last visited on 05-05-2022).
104
NDTV, „"No Place For Any Other Dress...":Sena's Aaditya Thackeray On Hijab Row‟(10-02-2022), available at
<https://www.ndtv.com/india-news/shiv-senas-aaditya-thackeray-on-hijab-row-no-place-for-any-other-dress-2758756>(last
visited on 05-05-2022).
105
Asian News International( ANI), Twitter Account, available at
<https://twitter.com/ANI/status/1509095387352633347?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1509
095387352633347%7Ctwgr%5E%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.wionews.com%2Fentertainment%2Flifest
yle%2Fnews-harnaaz-kaur-sandhu-on-hijab-row-no-one-has-the-right-to-speak-about-how-girls-of-india-should-dress-467114>(
last visited on 10-05-2022).
106
Ria Kapoor , „Genocide at doorstep, Hindus have to call out hate: Neeraj Ghaywan on hijab row‟(10-02-2022), In Shorts, available at
<https://inshorts.com/en/news/genocide-at-doorstep-hindus-have-to-call-out-hate-neeraj-ghaywan-on-hijab-row-1644487392516>(last visited on
05-0502022).
37
 3. Swara Bhasker

Indian Actress, won two Screen Awards and nominated for a Filmfare Award on three
occasions.

She compared hijab incident with disrobing of Draupadi in Mahabharta. She tweeted that similar incident is
happening today and responsible and powerful lawmakers are sitting as mute spectators.107

Against the Hijab

1. Hema Malini,

Indian actress, Director, Producer, Politician.

She is of the opinion that schools are for imparting education and religion should not be taken there. Girls
are free to wear whatever they choose outside the school but inside, they have to wear uniform.108

2. KanganaRanaut,

Indian Actress and Filmmaker.

She shared a post on Facebook citing an instance of Iraq and Afghanistan and said that if someone has
courage they should show it by not wearing burkha in Afghanistan. According to her India is blessing and
freedom available here should be celebrated. She requested people not to make any attempt to turn it into
nightmare. 109

107
Swara Bhaskar, Twitter Account, available at
<https://twitter.com/ReallySwara/status/1493232843731836928?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E149323284
3731836928%7Ctwgr%5E%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.bollywoodlife.com%2Fnews-gossip%2Fswara-bhasker-
compares-the-humiliation-of-muslim-women-over-hijab-to-the disrobing-of-draupadi-in-mahabharat-gets-massively-trolled-2009918%2F>(last
visited on 05-05-2022).
108
The Times of India, „Hema Malini on Karnataka hijab controversy: Religious matters should not be taken to schools‟(10-02-2022), available
at <https://timesofindia.indiatimes.com/entertainment/hindi/bollywood/news/hema-malini-on-karnataka-hijab-controversy-religious-matters-
should-not-be-taken-to-schools/articleshow/89470961.cms>(last visited on 05-05-2022).
109
The Hindustan Times, „Kangana Ranaut says „show courage by not wearing burqa in Afghanistan‟ amid Karnataka hijab controversy. See
post‟(10-02-2022), available at <https://www.hindustantimes.com/entertainment/bollywood/kangana-ranaut-says-show-courage-by-not-wearing-
burqa-in-afghanistan-amid-karnataka-hijab-controversy-see-post-101644500145296.html>(last visited on 05-05-2022).
38
 Chapter 9- Conclusion and Suggestions

Thus the hijab outrage starting from a small town named Udupi has became a matter of national or even
international debate. Different people have different perspective regarding this controversy. Some see it as a
controversy rooted in religion while some consider it as politically motivated unrest. However apart from
being issue rooted in religion or connected with politics, hijab controversy also involves certain serious
aspects. Starting as a clash between the two communities hijab issue is increasingly becoming a threat to the
communal pace and fraternity. It might also cast a very adverse impact on innocent Muslim girls hailing
from orthodox families for whom hijab is mandate and not choice. Hijab is not a first controversy of this
kind. Every other day in the name of religion, race, community etc. clashes happen, the ultimate victim of
which becomes the innocent persons. While communal forces reap the benefits by dividing the people, the
common person is made the victim of all the tragedies.

Progress is possible only when peace prevails. For development of a nation, maintaining peace and
tranquility is must.

In order to maintain peace and tranquility in the society and to prevent outrages like hijab outrage following
suggestions can be taken:

1. Codification of all the personal laws should be done in order to avoid controversies like hijab.
Codification will make the laws more certain and less complicated.

2. Judiciary should endeavor to lay down basis of deciding essential religious practices. The present
„essential religious practice test‟ is quite uncertain and controversial. The present test forces a Judge
to become a theologian and decide essential practices of those religion also which is not his own.
Although a complete list of essential religious practices cannot be laid down but attempts should be
made to define the basis of determining essential religious practices of any religion

3. Media should be very careful in disseminating any religiously oriented news. When we analyse the
current situation of media we find that today noise has replaced the news and sensationalism has
overtaken the reality. Being the fourth pillar of democracy media should behave in a responsible
way. Media should not become a medium of spreading hatred, animosity and motivated news.
Giving a balanced new should be the sole motive of media. Laws should be made for regulation of
disseminating sensitive news and it should be strictly implemented.

39
4. Some protocols should be developed to regulate educational institutions and any amendment in that
should be made after consulting all the stakeholders. Once the protocol is developed all the attempts
should be made to implement it.

5. Steps should be made to ensure the education of Mulim girls coming from orthodox families who
have no option but to wear the hijab. Even if the Hon‟ble Supreme Court decides that hijab is not
allowed in the classrooms, their education should not come to a halt. Their education can be ensured
by opening more minority institutions, providing facilities for online education and distance learning
etc.

6. The outrages like hijab outrage can also lead to communal violence. History is full of examples
where a minor issue has taken a gruesome shape leading to tremendous violence. All attempts should
be made to prevent such type of situations .Our leaders and other influential persons should avoid
making controversial statements and make efforts for establishing peace and prosperity in the
society.

7. People should learn to tolerate each other in their diversity. The method opted by Hindu boys to
protest against hijab wearing girls by wearing saffron shawls was not laudatory. The incidents of
girls shouting „Allah hu Akbar‟ at the boys of opposite community and boys shouting „Jai Shree
Ram‟ at girls do not set a good example. Even though if someone breaches the dress code, action
should be taken by legal means. Public Peace and tranquility should be maintained in every case.

8. Psychology of the people have to be changed by constant education and mind training, All the
people, irrespective of the religion, have to be taught that every custom can‟t hold good at all the
times. The custom that was at one time relevant may not be relevant at another time. People should
learn to move forward and live according to needs of time. Change is the law of the nature and
nothing remains constant forever.

9. Attempts should be made towards bringing uniform civil code. Although the way of implementing
uniform civil code is not easier. There are arguments both in favor and against of implementing
uniform civil code. Some people oppose uniform civil code on the ground that it will be destructive
of diversity and plurality of the Indian Culture. However it is submitted that bringing of uniform civil
code at this stage is quite crucial. A uniform code should be framed after consulting all the
stakeholders, after taking opinions of people belonging to all the religions. The main controversy in
implementing uniform civil code is that it will be violative of Article 25 of the Constitution which
provides for freedom of practicing, professing and propagating one‟s religion. But it is submitted that
Article 25 does not bar any future reformatory law and in implementing uniform civil code
40
 Article- 25 would not be a hindrance. Judiciary has time and again in its various Judgements have
emphasized on the need of uniform civil code for citizens.

10. Lastly, the laws made should be properly implemented. Mere making of laws is never sufficient.
Law without implementation is like a dead horse that can‟t run. Laws without implementation are
futile. There should be proper and effective machinery for implementation of laws

India is a land of diversities. Indian culture embraces within itself people of different religions, races,
ethnicity, castes etc.as Adcocate Abhinav Chandrachud rightly points out that ours is a „republic of
religion‟. This diversity of India should be respected and celebrated but at the same time law and order,
rules and regulations can‟t be compromised. A proper balance between the both has to be maintained.
Whether hijab can be allowed in the classrooms or not will be finally decided by the Supreme Court. Both
the parties should show faith in the Judiciary. No one can be allowed to take law in his own hands. The
Government, our leaders and people should join together in maintaining peace and tranquility in the country
so that the nation may prosper and be able to lead the world and show the path of peace and development to
the world community

41
 References
Books

1. Dr. Pandey J.N., Constitutional Law of India (Central Law Agency, Allahabad, 56th edn., 2019).

2. Jain M.P., Indian Constitutional Law (Kamal Law House, Calcutta, 5thedn., 1998).

Websites

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