'Number of modern-day Islamic scholars believe that the veil is not mandatory in Islam'
Karnataka High Court has dismissed all petitions filed by Muslim girls for permission to wear hijab in educational institutions
The Indian Muslims for Secular Democracy (IMSD), which goes by the tagline: ‘equality, justice, compassion and peace’ had sent out a communication last month when the Karnataka hijab controversy was raging. It had castigated the BJP government in the state for engulfing educational campuses in communal fires. It had most importantly also stated though that it disagreed with the agitating Muslim girls that their demand to wear hijabs in classrooms conforms with their Constitution-protected fundamental right to freedom to religion.
Any number of modern-day Islamic scholars believe that the veil is not mandatory in Islam, the IMSD statement had said. Yesterday, the Karnataka High Court ruled that the hijab is not an essential religious practice. It dismissed all petitions filed by Muslim girls for permission to wear hijab in educational institutions. While delivering the verdict, the Karnataka High Court said wearing hijab by Muslim women, “does not form an essential religious practice in the Islamic faith.”
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Welcome this
Javed Anand, Mumbai-based convenor IMSD, said, “We welcome this high court judgment and I take you back to our earlier statement in February which said that the hijab is not mandatory. Educational institutions have a right to decide their uniform.”
Anand also said that this, “should not be taken to the Supreme Court.” The convenor also said that people must be cautious when using sweeping and misleading phrases like the hijab ban, which gives the impression it is all-encompassing. “These girls are not being stopped from wearing the hijab on the road to their pre-University colleges. They cannot wear it inside the classroom. When somebody goes against the rules and says this is my religious right, I, as a progressive Muslim, certainly question that,” said Anand.
The hijab, which is the head covering, has been at the centre of raging controversy for years now, especially across Europe. The highly politicised hijab debates had also led some women to famously declare that people should be more concerned about what is ‘in’ their head than what is ‘on’ it.
Settle it
Zakia Soman, co-founder of the Bharatiya Muslim Mahila Andolan (BMMA) said the sentiment of not politicising the hijab certainly resonates with her. “This is a social issue and should have been resolved amicably by all parties locally. This politicisation of the hijab is not good for India and peaceful society,” Soman said.
Soman added, “The Karnataka High Court has reiterated that hijab is not an essential practice of Islam. I also believe that there is no place for hijab, burqa or veil in religion. It is a patriarchal imposition meant to control women.”
Soman, though, also said, “Education is of utmost importance for girls. Only empowered and educated girls can lead the community and the country. Girls should be in schools, colleges, universities and workspaces irrespective of hijab.”
Freedom
Suhail Khandwani, managing trustee Mahim Dargah, said, “Irrespective of what one may think, in the end, it is about the right of women to choose how she wants to dress and express her religious sentiments." Khandwani added, referring to the rules about the uniform argument, “Uniformity is needed for everyone to feel equal, but equality can also be inculcated through freedom of expression and accepting one another, regardless of what religion they follow. I hope that one day we rise against any disparity and learn to accept individuals irrespective of their religious ideologies.”
Several individuals did not want to comment on the verdict at all, with some from the Muslim community, founders of several Muslim women-specific movements claiming to have not yet read the order late in the day yesterday. The answers were also largely laced with caution. Whatever happens in the near future, the headscarf has become a part of the political cauldron now.
15 March
Day Karnataka High Court ruled that the hijab is not an essential religious practice
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