The interpretative answer to the hijab row

News:  Recently, six students were banned from entering a college in Karnataka’s Udupi district for wearing a hijab.

Read more here: https://forumias.com/blog/9-pm-daily-current-affairs-brief-february-5th-2022/#f4

What is the implication of the essential religious practices test?

It assured traditionalists that the Court would be sympathetic to their respective religious faiths. But on the other hand, it also supported state-sponsored reform and gave the power to the judiciary to determine religious practice and belief.

However, there is difficulty in front of the court in determining essential practice. For instance, in Sabarimala case, Justice D.Y. Chandrachud has said that it is not an easy task because scriptures and customs have numerous complexity which merges into superstition and dogma.

For instance, in case of hijab, according to an observant Muslim woman, verses from the Koran mandate her to keep her head covered.

What is the current issue of hijab?

One, there is no one uniform code that is mandated throughout the State. But still, the State is interfering in deciding uniforms for all college students throughout the State of Karnataka.

Two, it raises legal questions. For instance, whether covering head mandated by some religions violates any legal tenet or whether the ban on female hijab will be applied to turban worn by a male Sikh, or whether the State can deny education to those who are violating a uniform code etc.

Three, there is also an issue of competing rights. For example, the issue between article 25 and article 26 was raised in Sri Venkataramana Devaru vs State of Mysore. In this case, the court was examining whether the bar on a person from entering into a temple for worship is a matter of religion according to Hindu ceremonial law. The court had said that competing rights should be harmonized in a way that both were given effect to.

What is the way forward?

First, the court should pay attention to Justice R.F. Nariman’s dictum in the Sabarimala review which says, that the “holy book” of India is the Constitution of India.

Second, in the hijab case, the courts should protect an essential religious practice in a manner that is consistent with imparting education in an orderly fashion.

Source: This post is based on the article “The interpretative answer to the hijab row” published in The Hindu on 7^th Feb 2022.