UNDERSTANDING THE HIJAB ROW IN KARNATAKA

 Disclaimer: The following article stems out of the present situation in Karnataka and does NOT intend to display communalism, favoritism or discrimination. The readers are requested to read the following content with an open mind irrespective of your political or religious ideologies. This article aims at understanding the views of students, teachers, government and the education system and is NOT a religious article. 

To begin with, let us understand the basic facts of this particular issue. The issue started in January, 2021, where few students who were wearing hijab were not allowed to enter the college in Udupi, Karnataka as it was against the dress code of the college. The students staged protest outside the college demanding entry inside wearing the hijab. In support of these students other students of the Muslim community from other colleges staged protest for entry of students wearing hijab. Some colleges allowed the entry of students wearing hijab and to counter this action, the students of the Hindu community protested by wearing saffron scarves and shawls and demanded that they must also be allowed to enter the college premise wearing saffron scarves.

Since these protests by students of Muslim as well as Hindu community were hindering the functioning of colleges, many colleges banned both hijab as well as saffron scarves & shawls to be worn in the college premises. In response to this, students from the Muslim community have filed multiple petitions before the High Court of Karnataka seeking the court to allow them to wear hijab claiming it as their Fundamental Right.

Let me share something that I find to be absolutely disgusting. The reporting done by majority of the media around this issue is so disgusting because they are trying to create disharmony among the students of two different religions. The media is giving a religious twist to this issue, whose basis is not religion, but education.

In conjuncture with the previous line, I feel that majority of the society has viewed this issue with a religious lens which has shifted the entire narrative of this issue. This issue is not one pertaining to denial of entry of students wearing religious attire, but an issue of students wearing religious attire at educational institutions. 

An educational institute by definition is a place for imparting education to students and treating them equally in all aspects. So it is logical that when there are certain rules relating to dress code, it must be followed by all the students irrespective of their religion. The main aim of a dress code is to provide a feeling of equality among the students and to make them understand that everyone is equal when it comes to education. That is one of the main reasons why education institutions prefer to have a dress code.

Education must never be hindered by religion, caste, creed, gender etc. The way the media houses of this nation have reported this issue boils my blood. They state that this is a communal violence which has been propagated by the Hindu community against the Muslim community. It boils my blood that students, for whom the state is taking so many measures with respect to education are being used by the media to propagate a religious feudal of the Hindu community against the Muslim community. This is an issue of Education and not Religion. We are a secular state which respects and has been respecting all religions in this land ever since independence.

The single judge of the High Court of Karnataka who is hearing the petition stated that he is viewing the issue only through the principles of the Constitution and has set aside his emotions. Hence, let me present few arguments setting aside my emotional connect with this issue.

The petitions have been filed before the court under the ambit of Article 25 of the Constitution which gives the right to practice, profess and propagate one's own religion. This article starts with, 'subject to public order, morality and health and other provisions of this part......', hence it becomes vital to take a look at other provisions of the Constitution before passing any opinion. Article 14 comes in light which lays the right to equality. Everyone is equal before law and law treats everyone equally. Hence, it is important that all the students in an educational institute are treated equally irrespective of them having a right to profess their religion in a place of education. If the fellow students of the student professing his/her religion in college is not comfortable with it they must not be allowed to profess the religion since it obliviates the terms of Article 14 of the Constitution by not giving equal treatment to all the students.

On an ending note, I would say that the entire issue at hand has been sensationalised by the media by giving a religious and communal twist to the issue. The present issue can be amicably resolved by simple dialogue of not allowing religious practices to affect places of education as it is not the right platform to do the same.

I thank those who have read this article with an open mind. Do share your feedback in the comments section below.

Note: The author does not take credit for the images used in this article and all rights lay with the publishers of the images.