“The rights of a minority in majoritarian states speak about the good governance of the country.”- This
statement was stated by Gandhi ji and I believe in it equally. India is a culturally rooted country and over
the years as we are moving towards the west dominating culture, the basic cultural values have not
been forgotten. Religion has come to be known as a fundamental part of life for many individuals and
their lifestyle and day to day practices revolve around the same. Sometimes when the people are
curtailed from exercising this same belief and culture, they feel that their freedom rights are hampered.
The hijab controversy is one which case where in a recent judgment of the Karnataka high court Muslim
women have been banned from wearing hijab inside educational institutions. This judgment opens up
many questions and allows us to delve upon the principles of secularism and fundamental rights stated
to be followed in our country. India is a secular country as imagined by our constitution makers but not
to mention there have been various issues since time immemorial where the minorities have strived to
overcome incidents of discrimination. The ban on wearing hijab in educational institutions has led to a
widespread controversy and protests across the country. Moreover the decision also bought about
criticism from foreign countries including Pakistan and united states.
It has been explicitly stated under article 25 of the constitution that religion can be restricted under
grounds such as public order, morality , health and to protect other rights. The ban on hijab doesn’t
meet any of this. The government and hc have defended the ban on hijab on a wider notion which is
essential religious practice. Acc to them, hijab is not an essential practice of islam and hence can be
violated. However at the same time, we shall not forget that under article 19, every individual has the
right to dress up freely and on their own terms. Is it feasible to violate one right in order to protect the
other?
We must also note that hijab is inherently intrinsic to the identity of a women and it is a symbol of their
own religion. When people wear clothes symbolic of their culture it also allows them excerise their right
of freedom of expression under article 19 and right to equality under article 14.
To conclude I would like to say freedom of religion and conscience can be provided withoit ignoring the
principles of seculasrism. Allowing hijab to be worn in educational instituions would not go against any
principle if seen from a rational point of view. Wearing hijab is closely related to thr identity of muslim
women and they shoul
Legal rights
Would hamper their education
Essential religious practice test