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The Karnataka High Court recently ruled that wearing Hijab is not an essential practice in Islam. The judges held that neither the prescription of uniform in schools nor the Karnataka government’s order disallowing the wearing of hijab in schools was violative of Article 25 of the Constitution.
Two concepts of freedom:
In the debate around hijab issue, two questions of freedom emerge:
First, whether Muslim women ‘freely’ choose to wear hijab or do so because they are socially conditioned to believe that modesty is a womanly virtue?
Second, the freedom of an individual/ community vis-a-vis the state. How much of the freedom one gives to the state when one enters the social contract, and how much does one keep for oneself? This creates the difference between public and private sphere. The freedom that individuals keep can be exercised in the private sphere. Whereas in the public sphere, there are restrictions.
In a secular state, religion is in the private sphere. This means two things. One, a person is free to practice their religion. Second, the State does not profess any religion. But where does the private sphere end and the public sphere begin? For example: If a Muslim student is made to remove hijab at school, does this trample her religious right to wear a hijab or uphold secular nature of the school?
According to the theory of social contract – When a citizen enters into a social contract, she/he gives up some freedom in the process. Similarly, when a person enters into a contract with an institution, such as a school, he/she gives up certain freedoms. For example: freedom to attend classes as per will. The uniform issue is similar.
Essential religious practice:
The equation of a community with scripture or texts is a feature of Abrahamic religion. In Indian context, the practices of Islam and Christianity are also largely fluid that defies essence. Hence, the discourse of essential religious practice needs to be rethought in a largely pagan context such as Indian.
Syllabus: GS 2 – Indian Constitution features and significant provisions.
