“The beliefs of one citizen do not interfere with or dominate the freedoms and beliefs of another. Religious faith of a person is formed on traditions, religious scriptures and practices. On August 15, 1947, India as a nation realised the vision of self-determination. On January 26, 1950, we gave ourselves the Constitution of India, as an unwavering commitment to the values which define our society. Under our Constitution, citizens of all faiths, beliefs and creeds seeking divine provenance are both subject to the law and equal before the law. The Constitution does not make a distinction between the faith and belief of one religion and another.”
– Observations by the Supreme Court of India during its 2019 Ayodhya verdict
The nation is currently discussing the controversial topic of the hijab ban. The controversy originated in December 2021 when a pre-university college, in Udipi’s Kundapur, issued a circular banning students from wearing hijabs in classrooms. It was claimed by the college that it did so to ensure uniformity in classrooms.
Thereafter, on February 5, 2022, the government of Karnataka passed an order which stated that wearing a headscarf is not a religious practice for Muslims, protected under the Indian constitution.
The Controversial Matter Has Reached The Courts
Now, a three-judge bench of the High Court of Karnataka, comprising of chief justice Ritu Raj Awasthi, and justices Krishna Dixit as well as JM Khazi, is hearing writ petitions filed by petitioners who are challenging the government order. They are also hearing PILs (public interest litigations) pertaining to the hijab ban controversy.
Meanwhile, on February 11, 2020, the High Court passed an interim order and noted that:
“Pending consideration of all these petitions, we restrain all the students, regardless of their religion or faith, from wearing saffron shawls (bhagwa), scarfs, hijab, religious flags or the like, within the classroom, until further orders.”
The Karnataka government also issued a circular on February 16, 2022, which states that the High Court’s proposal saying no religious garments in educational institutions, is also applicable to all the minority institutions run under the aegis of the state government. It further states that students can come to campus wearing a hijab, but they can’t attend class wearing one.
Let me confess that I am not an expert on the topic in question, and therefore, I took the support and assistance from my friend Musfira, who wears the hijab, to understand the importance of the hijab in Islam. I acknowledge her assistance. I am grateful to my courageous friend who shared her experiences and wisdom with me.
The way I see it, there are two main aspects of this controversy. The first one is the religious aspect and the second one is the constitutional aspect.
What Does The Holy Quran Say About The Hijab?
As far as the religious aspect is concerned, there are three important verses in the holy Quran related to the hijab, or which are discuss covering one’s head:
1. “And say to the believing women that they should lower their gaze and guard their private parts; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their khimaar over their breasts and not display their beauty except to their husband, their fathers, their husband’s fathers, their sons, their husbands’ sons, their brothers or their brothers’ sons, or their sisters’ sons, or their women, or the slaves whom their right hands possess, or male servants free of physical needs, or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments.” [24:31]
According to the Al-Munjid dictionary, khimaar is “something with which a woman conceals her head.” The verses begin with “to the believing women” so what I have understood is that those who are believers have the choice to cover their heads.
Hence, if a Muslim girl says that she has faith in the Quran and that she is willing to cover her head, then we have to respect her choice to follow the verses of the Quran, and therefore, her religion.
On the flipside, if another Muslim girl says she doesn’t want to cover her head, then no one should compel her to cover her head.
2. “And as for women past childbearing who do not expect wedlock, it is no sin on them if they discard their (outer) clothing in such a way as not to show their adornment. But to refrain (i.e. not to discard their outer clothing) is better for them. And Allah is All-Hearer, All-Knower.” [24:60]
I found these verses to be very important and interesting, as this one is not mandatory, but more of a directive. This means that for older women, who do not expect to get married, it is not a sin if they decide to discard their outer clothing (hijab), but to refrain from doing so is advisable.
3. “O Prophet! Enjoin your wives, your daughters, and the believing women that they should cast their outer garments over their persons (when abroad): That is most convenient, that they may be distinguished and not be harassed.” [33:59]
These lines suggest the purpose of wearing a hijab in front of other people.
After reading the aforementioned verses, it is clear to me that the Quran gives women the choice to wear a hijab or cover their heads. Now, it is up to Muslim women if they want to follow the verses of the Quran.
But, of those who have faith, belief, trust, and are therefore are willing to cover their heads, there is no doubt that they can say that covering their head is an essential religious practice, as provided in the Quran.
Where Does The Indian Constitution Stand?
As far as the constitutional aspect is concerned, Article 25 of the Indian constitution has provisions related to the freedom of conscience and free profession, practice, and propagation of religion.
As per clause (1) of Article 25, this freedom is available subject to restrictions along public order, morality and health. All persons are equally entitled to the freedom of conscience and the right to freely profess, practice, and propagate their religion.
Article 25 gives us the freedom to practice religion. The Supreme Court has ruled in a catena of judgments that the constitution exclusively protects religious practices. The High Court of Kerala also ruled that students could write exams while wearing the hijab because it was an essential part of the aspirants’ religious faith.
The Indian constitution provides everyone with the freedom to practice and propagate one’s religion. By directing someone not to wear the hijab, colleges are not only violating their right to privacy (in terms of their individual choices and other fundamental rights), but also restricting their right to education.
I said to my friend Musfira that people are arguing that young girls don’t wear the hijab by choice, but under compulsion. She responded saying:
“No, it is not allowed in Islam to force anyone to do things. Free will and choice are the foundations of Islam. The choice is a matter of faith, and if you are forced, it would neither be a choice nor a symbol of your faith. Allah gave all humans the choice and freedom to choose, because your choices in life will demonstrate your faith or disbelief. We are told about the right path and the wrong one with their consequences too, so it is upon us to choose what we do. That’s the real test of this life!”
She added:
“Islam encourages Muslim girls to get educated just as it encourages the boys. Girls should and can do everything boys can, in the educational field. We are encouraged to discover and ponder upon the things in this world.”
Finally, she concluded:
“I’m in the medical field. I work with male doctors and I receive education from male teachers as well. We discuss important stuff with the hijab on. I started wearing it when I was in secondary school. I did get some odd glares from the people around me, but I was determined and Allah made it easy for me. Now, if you were to ask me, the hijab is what I’m most comfortable in.”
India Believes In Unity In Diversity
We believe in ‘unity in diversity’. India has different customs, religions, cultures, castes etc. And, the beauty of India is the different practices of different groups.
If someone says that they don’t want to follow something rigidly, then the duty is to protect that individual’s choice. But, if someone says that they want to follow their religious practice then I think that even one individual’s choice should be respected.
Classrooms are for children to learn so that they may create a peaceful society. Classrooms shouldn’t be used for dividing children. If they think that wearing the hijab is their pride, right, faith, belief and religious practice, then everyone should acknowledge the same, and respect that.
I, as a Hindu, also follow different religious and cultural customs. Tomorrow, I don’t want someone to ask me not to follow my faith, or religious practice. Therefore, today, I can’t say that the decision of asking Muslim students not to wear the hijab is appropriate.
Some unfortunate reports are coming from Karnataka, such as a young boy was killed in Shimoga, and protests are on. Such incidents are disturbing, condemnable and not tolerable.
This is happening due to the radical mindset. Believe me, whether you are Hindu or Muslim , we deserve better than this. We do not want this! It is better for all the stakeholders to find solutions amicably. Otherwise, we will not reach anywhere.
“All forms of belief, worship and prayer are equal. The Constitution postulates the equality of all faiths. Tolerance and mutual co-existence nourish the secular commitment of our nation and its people. The faith and belief of the worshippers is of paramount importance. Faith and belief foster and promote the spiritual life of the soul.”
– Observations by the Supreme Court of India during its 2019 Ayodhya verdict
__
About the author: Raaz Dheeraj Sharma is an advocate and the author of “15 Strangers: Conversations that mean a Lifetime”.