The Hijab Controversy

Schools and colleges in different parts of the country issue circulars banning any religious attire

https://www.hindustantimes.com/cities/lucknow-news/hijab-row-now-aligarh-college-bans-entry-of-students-in-religious-attire-101645152533679.html

The college's principal, Dr Raj Kumar Verma, said,“We'll not allow students to enter the campus with covered faces. Students are not allowed to wear saffron stole or hijab on college premises."

 

https://www.hindustantimes.com/india-news/karnataka-hijab-row-cops-warn-of-action-as-protests-continue-101645122450694.html

“The children, the way they were reacting to any of the government’s advisories, directions from the principal, it was very different. They hold mobile phones in their hand and then they get directions from somewhere. Whatever they speak and whatever the other person is conversing, they keep it live (on). They are being handled by somebody. That was observed yesterday,” the DSP said, refusing to provide further details.

 

Wrongful restraint

Mobile phones

Statement By Child Rights Activists, Educators, Education Institutions and Individuals On Targeting And Exclusion of Hijab Wearing Muslim Women Students

Some people have argued that ‘uniformity’ is required in institutions to preserve the learning environment. Diversity and exposure to cultures other than our own is essential for broadening our student’s thinking, for developing respect for others, and for building a harmonious society. Individuals, specially our youth, must be encouraged to express themselves in a variety of ways, including through their dress and clothing. Such exposure permits learning about and learning from the ‘other’, and can be developed into respect for one another. When many government educational institutions have overt displays of Hindu religious symbols and prayers, selectively banning the dress/clothing of one community, and enforcing a homogeneous, majoritarian culture is bigotry. By wearing a Hijab over their uniform, Muslim women are adhering to the dress code as much as those who wear turbans, bindis/kumkum/tilak and bangles along with the uniform.

The RTE requires that the School Management Committee (SMC) be given the authority and responsibility to be the agency for school development. The RTE is clear that the Chairperson of the SMC, can only be a parent whose child studies in the institution. In Karnataka, Courts have decided that the local MLA cannot subvert this principle and take over the chair of the SMC. In the case of the Government College in Udupi, the local MLA is the Chairperson of the College Development Committee which imposed the ban, this is a violation of this principle. In any case, SMCs or colleges cannot be allowed to impose restrictions which violate fundamental rights of students or teachers, or are specifically against members of a community.

Muslim Girls with Hijab Not allowed in Class मुस्लिम बच्चियों को स्कार्फ़ में क्लास में आना मना Jan 20, 2022 https://www.youtube.com/watch?v=T9eg0mz0ank   Faizan Mustafa's Legal Awareness Web series 

Condemn the Karnataka Government for abdicating its Constitutional responsibility to protect the right to education of Muslim girls - PUCL Karnataka -  4.02.2022

DENIAL OF EDUCATION TO HIJABI STUDENTS A VIOLATION OF THEIR FUNDAMENTAL RIGHTS All India Lawyers Association for Justice   https://ailaj.wordpress.com/2022/03/18/karnataka-high-court-decision-on-hijab-denial-of-education-to-hijabi-students-a-violation-of-their-fundamental-rights/

The Court in its judgment makes no substantive attempt to engage with the fact that this judgment is likely to deny education to many young Muslim women, who are already marginalised, and struggle to access education.
Second, the right to wear a hijab, should have never been premised on whether it's an essential religious practice or not. ... such a framing is problematic, including that it (a) denies agency to Muslim women by deigning hijab to be a mandate rather than a choice (b) essentialises Islam as a “universal and non-bending” religion, and (c) reproduces the patriarchal idea of a maulvi being the final arbiter of Islam.

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