December 8, 2023
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Keyword- Hijab controversy,What is hijab controversy in India ,hijab issue latest news, hijab case summary, hijab controversy started in which college,hijab vs burka

India continues to be a nation where many cultures and religions coexist. Caste is the reason why people are divided. Discrimination on the grounds of gender, race, color, and caste is a contentious issue that gained attention during the “Hijab Controversy” Is hijab a fundamental religious custom for Muslims in India?” was the question that came up. The Karnataka High Court was initially consulted on the matter, but eventually, the Supreme Court of India was brought in.

Despite being a secular nation, India has experienced many religious conflicts, and there have been instances where minorities have worked to resolve these conflicts. However, at the moment, we are concerned with the situation in which the Karnataka High Court ruled that wearing a hijab was not required, raising many concerns among different people.

What is hijab controversy in India?

  • The constitutional right of Muslim women to put on a head covering in colleges and universities is at the center of the hijab controversy in India. Protests and legal disputes took place in several states when certain establishments prohibited the hijab on grounds of dress rules and regulations.
  • The subject of religion has spurred conversations on the rights of individuals, secularism, and religious freedom, which has broadened the scope of the societal conversation.

Difference between hijab vs burka

  • Despite covering the head and neck, the hijab does not hide the women’s faces. Hijab can also refer to a headscarf. This type of religious attire was connected to the Karnataka hijab controversy whereas burka among all Islamic religious attire, is the most covert, measuring a full body length. Women can see through the outfit thanks to the mesh screen surrounding the eyes.

hijab controversy started in which college?

Muslim girls in hijabs were not allowed to enter the classes at PU College in Udupi. Five girls filed a writ petition in the Karnataka High Court and addressed the National Human Rights Commission in response to the students’ protests against this rule. The pupils argued that wearing a headscarf should not be a reason for forcing them not to walk into the classroom.

The hijab case summary

  • Commencement of the Hijab Controversy

The battle started when six Muslim girls in Udipi, Karnataka, had been taken away from college. Many others assembled in and around the institution and began a demonstration in support of these females. In response, the college administration believed that since students were required to wear hijabs and adhere to the correct dress code, they had purposefully avoided attending class.

After this occurrence, other girls at another state college began to wear saffron scarves to class, which caused a stir among the student body.

  • The Hijab Controversy: Issues Raised

The major issues raised in the hijab controversy case from the judiciary examination point of view are as follows:

ISSUE 1: Is the hijab mandatory in Islam?

  • The Karnataka High Court’s main concern was whether or not wearing a headscarf is a requirement for practicing Islam. A bench of the Karnataka High Court decided that donning a headscarf was not a requirement for practicing Islam.
  • The bench declared that they were of the thoughtful opinion that Muslim women’s wearing of hijab is not a mandatory religious practice in the Muslim religion.

ISSUE 2: Whether Article 19 and Article 21 of the COI are violated when school administrators fix uniforms for their students?

  • The court ruled that the uniform requirement stretches back to the Gurukul period. The bench concluded that the school uniform is not in breach of Article 19 and Article 21 of the Constitution of India because it is merely a reasonable constraint that is allowed by the Constitution.
  • It was further stated that if wearing a hijab of the same color is permitted, the school uniform no longer qualifies as a uniform.

ISSUE 3: Is wearing a uniform irrational and prejudiced?

  • Another concern that prompted the court to deliberate was whether the government’s directive prohibiting the wearing of the hijab on university property was arbitrary and incompetent. Article 14 and Article 15 of the Indian Constitution, which provide equality before the law and protection from discrimination based on religion, would be violated.
  • The High Court ruled that the government had the authority to impose regulations prohibiting the wearing of uniforms that could upset the peace, harmony, or public order. The government order was affirmed by the High Court, along with the government’s authority to issue it.

ISSUE 4: Do the teachers in the college mistreat students for no reason?

  • Another question that came up was whether or not it was appropriate for the principal, instructors, and teachers to prevent students from wearing the hijab in classrooms. The particular idea of uniformity, as discussed by the court, highlights and promotes homogeneity and uniformity.
  • Hence, preserving the most fundamental framework of the Constitution of India mostly and mandatorily requires upholding its idea of secularism.

Wearing Hijab: Its Effect on the Society

  • Those Muslim women who choose to wear the hijab might face certain stigmatization or stereotyping in society. Stereotyping can arise through discrimination as well as negative presumptions about any individual’s skills, intelligence, or opinions. This biasness can solely affect social interactions and create problems in the field of job prospects, among other arenas of life.
  • The hijab from time immemorial has been depicted as an emblem of female enslavement and oppression, with opponents claiming that it is a patriarchal norm or social expectation that propels women to don the veil. Negative opinions about the hijab could originate from this view.
  • The Muslim women who choose not to wear the hijab also might encounter societal pressure for violating the primary religious or cultural norms in the particular areas in which it is the accepted ritual to follow. For those who decide never to wear the hijab, this could lead to the sensation of being excluded.

According to the hijab issue latest news, Hijab wearing is prohibited and problematic due to significant levels of misogynistic and patriarchal thinking that form a legal fiction that plainly denies women their autonomies. These days, the court should handle the practical and actual aspects rather than delving deeper. The court ought to take all of this into account and grant women the freedom to make their own decisions. Therefore, tolerance and inclusivity can be fostered within communities via mutual understanding and open communication.

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