‘Hijab Ban’ – A Major Setback To Secularism

India is said to be a nation that follows passive secularism by the Preamble to the Constitution. Secularism is not merely a feature of the Indian Constitution. Still, it is part of the basic structure of the Indian Constitution as laid down by the Hon’ble Supreme Court in several Judgments.

The very essence of this noble concept is to maintain a balance between the right to freedom of religion as guaranteed by Article 25-28 of the Constitution and the peace and harmony among different religions and beliefs leading towards ‘Unity in Diversity.’

However, this balance has been shattered many times, whether it be Gujrat Riots or the 1984 Sikh riots. Admittedly, these riots happened due to various political and social factors.

However, the recent Hijab Ban imposed by Karnataka schools upon the Muslim girls affecting the religious integrity and secularism in our country results from the religious fanaticism of certain ideologies. In addition, it poses a question upon the dignity of the ‘women’ as a whole in India, showing the real picture of the so-called ‘secularism’.

Shayma S writing for Indian Express, says, “there is a rising anxiety over Muslims and other minorities in the public sphere, who are fighting their way into educational institutions and jobs.”

Moreover, it is ironic that the minorities have to fight for their identity and other educational and cultural rights, which already exist in our Constitution as “Fundamental Rights” in Chapter 3.

The setback to the image of India in the international field we are facing is much substantial perpetrated by few people. The Supreme Court is dealing with the matter, and it is hoped that the court will stand for the minority rights as the Supreme Guardian of Fundamental rights.

Therefore, it is submitted that these events need to be dealt with strictly by the Courts, and the demeaning rules that violate people’s fundamental rights are to be struck down.