DEBATABLE VERDICT
The Karnataka HC's stand on the hijab sends a wrong message to the minorities when they are facing many difficulties
THE Karnataka High Court's judgment on the hijab issue sends a wrong message to minorities at a time when they are already facing many difficulties. Several constitutional pundits, religious scholars and secular intellectuals believe that the ruling is deeply flawed, passed in violation of fundamental constitutional principles and secular values.
The judgment upholds the validity of the government order which allowed some educational institutions in the state to ban wearing of the hijab in the interest of public order and the unity and integrity of the country. The Court has applied the essential religious practices test to uphold the restrictions. But it has failed to maintain a balance between the fundamental rights of citizens and the collective interests of society.
For centuries, the hijab has been an integral part of Islam, and the High Court ruling disturbs the mental peace of minorities not only in Karnataka but across the country. A plural society is based on social diversity and the Court has failed to provide a reasonable accommodation to the minorities in this case. Now, the matter has reached the Supreme Court in appeal. The minorities are quite hopeful of getting justice from the apex court.
Wearing the hijab has a historical background. The practice of purdah was seen as a standard of status in ancient times. Women belonging to the elite class practised this custom in 19th century India. The practice of purdah was observed by many women in Hindu and Muslim communities in the country. This was not traditionally observed by lower class women.
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