The right to Hijab
The Holy book of Islam, the Koran, has laid down various modes of social conduct amongst which is the requirement that both males as well as females must dress with modesty. Hijab is one such requirement where Muslim women must cover their heads when interacting with strangers, especially during social interactions with the opposite gender.
Going by these facts, every Muslim woman is entitled to wear Hijab , this is also in line with the Fundamental Right to practise any religion or faith, to which every Indian citizen is entitled as per the Indian constitution.
However, there is a twist in the tale. Referring back to our constitution, there is also the Fundamental Right to Equality . This law enunciates that every Indian citizen is equal in the eyes of the law and no citizen can be discriminated against on the basis of caste, creed and religion. One of the ways to enforce equality is the use of Uniform.
Uniforms, whether in the defence forces, factories schools and colleges ensure to a very great extent a uniformity of appearance, thereby ensuring that discrimination is avoided on basis of dress and also economic status.
The current Hijab row in Karnataka schools is directly related to the above two Fundamental Rights laid down in our Constitution. While the Fundamental right to practise any religion or faith of ones choice ensures secularism, it leaves open a debate on the use of religion prescribed dresses in official capacities, which is the case in the ongoing Hijab row.
On the othe hand, the Fundamental Right to Equality is infringed upon if school students are allowed to wear any religion prescribed dress over & above their school uniform
as it then i leaves them to either being discriminated against or of gaining unfair advantage depending upon the environment they are in, which then takes away the right to equality from the others conforming to the prescribed uniform .
Thus, in my humble opinion, Hijab maybe worn in all non- institutionalized settings of society but it should not be allowed in any Institutional or formal settings which require professional fairness and equity of judgement.
- ©️Juhi Prakash Singh
Insta id- @ juhi.prakashsingh
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Nicely written 🥰💕
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