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Context: The judgment of Karnataka High Court regarding the hijab issue has further provoked the hijab-wearing college students in Udupi. They have approached the Supreme Court to contest the order.
What is the political dimension of the hijab issue?
The issue of hijab is political as well as constitutional. The Supreme court can settle the constitutional aspect but the political dimension will continue.
As a matter of fact, Hindu and Sikh women in northern India cover their heads on occasions such as a marriage, funeral, etc. However, removal of hijab from educational institutions creates an environment of intolerance.
What is the moral framework that India has followed?
India has a past where people from other parts of the world were welcomed with open arms. A tolerance of other faiths and compassion towards fellow beings became an integral part of Indian traditions because of Buddha. The Constitution adopted that moral framework for the governance of India. The Constitution provides for freedom of religion and conscience on the one hand and secularism for the governance of the country on the other.
What is the essence of Indian secularism?
The essence of Indian secularism is that the state has no religion. This is clear from Article 27 and 28 of the Constitution.
Article 27 states that no tax can be levied for promoting any particular religion. Article 28 says that no religious instruction shall be given in any educational institutions wholly maintained out of state funds. Article 25(2)(a) empowers the state to regulate secular activities associated with religious practices. Article 15 prohibits any kind of discrimination on the ground of religion. Above all freedom of religion is made subject to other fundamental rights, apart from the reasonable restrictions on the grounds of public order, morality and health.
In Indira Nehru Gandhi v. Raj Narain & Anr., the Supreme Court of India said “the state shall have no religion of its own’.
Can India become a theocratic state?
A theocratic state with majority religion as the state religion is an unworkable proposition. A theocratic state functions on the basis of religious laws, which in India means the Dharma Shastras according to which only a particular caste has the right to rule and a large majority of the population will have no right to be a part of the power structure. This may lead to perennial conflicts and the eventual disintegration of society.
What should be done?
India can only survive as a secular state where the state has no religion and does not promote any religion. Secularism was chosen as the foundational principle of the republic to keep the nation united.
Source: This post is created based on the article “Strengthen secularism, save the republic” published on 6th April 2022 in The Hindu.
