“Hijab Integral Part Of Islam; Courts Must Not Interpret Religion”: PFI

Popular Front of India Chairman O M A Salam expressed deep disappointment over the Karnataka High Court judgment dismissing the petitions against the Hijab ban.

The Karnataka High Court on Tuesday upheld the State government order effectively banning the wearing of hijab by Muslim girl students in educational institutions in Karnataka.

Upholding the ban, a three-judge bench led by Chief Justice Ritu Raj Awasthi, adjudicated that the wearing of hijab is not an essential religious practice in Islam.

“Wearing of hijab is not an essential religious practice in Islam and thus, is not protected under Article 25 of the Constitution”, the judgment read. 

“Karnataka High Court’s dismissal of Muslim girl students’ petition holding that Hijab is not an essential part of Islam is deeply disappointing,” Salam said in a statement.

Salam said that the court is setting a new precedent by interpreting religious texts against a practice that the majority of Muslims have held as an essentail part of their faith. “This cannot be accepted,” he said,

“The judgment is against the spirit of constitutional values of fundamental rights and pluralism. The court’s insensitivity to the sentiments of Muslim women in the country who have held Hijab as an integral part of their faith and identity is shocking. The question was essentially about the fundamental right of Muslim women to wear the clothes of their choice, not what is essential or nonessential in Islam. In a democratic country, the right to interpret the text should have been left to believers,” the statement read.

He accused the court of falling for the “tactics of Sangh Parivar” for comparing hijab with the saffron shawl.

“There is a valid concern that the judgment will be used as a validation for right-wing groups to continue to harass Muslim women over their choice of clothes. Popular Front rejects this verdict and urges the community leaders to jointly explore legal and democratic options to challenge it.”

The Hijab protests started in Udupi towards the end of December 2021, when six students were restricted from attending class wearing the headscarf. Following media coverage of the incident, as the protests spread to several colleges, the ABVP backed by VHP and Bajrang Dal in the district accelerated counter saffron shawl protests in opposition to the Hijab.

The Karnataka High Court had temporarily banned religious clothes, including Hijab and saffron scarves after the Muslim students approached the court.

The petitioners told the court that wearing the hijab was a fundamental right guaranteed under India’s constitution and essential practice of Islam. After eleven days of the hearing, the High Court had reserved its judgment on February 25.