Court's court.

Latest happenings in Karnataka have yet once again sparked the debate regarding right to practice religion in public space. This all began in Udupi district of Karnataka where a group of muslim women was not allowed to enter into the school premise as they had their heads covered with head scarves (read hijab). The women had not been wearing hijab for long time. It was only recently that they took the course of wearing it to public space. 

Following this, some boys (having right-wing ideology) too decided to don religious symbols to public place by putting saffron shawls around their neck and sloganeering Jai Shree Ram. In a bid to ensure a tight competition, they demanded complete ban on displaying religious symbols at public places. This row over practicing religious activities has not only taken the issue to the doors of the court but also led to the closure of all educational institutes for the next three days across the state.

The supporters as well as adversaries have opined taking the facts into consideration mentioned in the personal law and constitution. Those supporting the entry of women into educational institutes are referring to article 25 to 28, 25 being the most relevant. 
Article 25(1) of Indian Constitution states 'Freedom of conscience and free profession, practice and propagation of religion' which means that an Indian citizen is free to profess, practice and propagate his/her religion.

However the state can restrict the right for grounds of public order, decency, morality, health and other state interests.
If one flips through the pages of The Holy Quran, it will become understandable that verses 24.31 and 24.33 talk of covering the heads as an essential practice in Islam. On the other hand side we talk of implementing article 44 all across the country which talks about Uniform Civil Law. If implemented, relevance of all the existing personal law boards would see a downward approach.

India, being a secular country should not become a flashpoint where issues pertaining to religion flare up.
Karnataka is a state which has witnessed most number of student suicides from 2016 to 2019. Furthermore, it has slipped down by several points in several developmental related indices issued by Indian government. The temple of education, where students, deeply ingrained with aspirations, come to fulfill their dreams, has become a battlefield. 

The judgements of Supreme Court and different high courts try to bring about a balance between the right to attire and ensuring smooth conduction of rules and regulations of public places. Supreme Court in its judgement of Shirur Mutt case 1954 held that the term 'religion' would cover all rituals. Likewise in other judgements that would follow, the apex court ruled some of the practices, like keeping beard for Islamic men and performing Tandava by Ananda Marg sect as non-essential part of their religion respectively.

Political parties as usual, missed no opportunity to take full advantage of the controversy. All those with right-wing mindsets have supported the government's ban on hijab and warned the state administration about staging protest if ban is lifted. BJP which rides on the waves of Hindutva politics, has taken a very clear stance by supporting the state government's order and claiming that the ban would help cease the stereotype veiling of head.
As the issue is in the court, all eyes are on the decision the court will give out. The ball is in the court's court and it remains to be seen whether right to practice religion prevails over right to education.

Comments

  1. Unknown9 February 2022 at 02:08

    I found it very ridiculous when such kind of issues have been raised up in secular country like India.... religious tolerance means what ,,it should be completely a choice whether we should use hizaab , turban and all or not..

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