What constitution say about wearing hijab in India?

In a recent incident in Karnataka, which sparked a debate, female students were not given permission to enter the class. In a government-run college in Udupi, Karnataka seven female students were denied access to classes because of wearing hijab.

The authorities claimed that wearing a hijab violated the uniform code of the college. Even the education minister of Karnataka said that wearing the hijab was a kind of indiscipline as it did not adhere to the rules set by the college. College officials stressed the point that "if the girls wanted to continue their studies, they had to take off their hijab." The students on the other hand were outraged by the statement and felt that such action was an infringement on their religious beliefs. They protested against the move and soon people from all walks of life showed their solidarity with the students, calling it out as ' discrimination based on faith.'

Bangalore based journalist Rabia Shireen told groundreport.in, "Muslim students are being asked to shift to another college just because they want to attend classes wearing their Hijab. Our constitution has guaranteed Freedom of religion in Article 25-28 as a fundamental right. Then why should the girls shift to another college just because they want to practice their faith?"

Constitution about wearing hijab in India

The constitution provides everyone with the power to practice and propagate ones religion. As long as it does not interfere, or degrade other persons religion, everyone is at absolute freedom. The freedom to practice one's religion is a fundamental right granted by India's constitution, with certain limitations. It is pertinent to mention here that the right to wear hijab is one of the many protections granted by the constitution and the Indian judiciary.

Article 25(1) of the Constitution says that there is a "Freedom of conscience and the right to freely profess, practise, and propagate religion." But like any other fundamental right, this also is not fixed.  It can be regulated on basis of other fundamental rights granted by the Constitution. 

Over the years, the Supreme Court has ruled that the Constitution will exclusively protect "essential religious practises."  Before granting any protections courts will evaluate whether a practise is vital or integral for religion, after studying religious texts and consulting the experts and religious heads. Courts will also consider the reasonableness of the restrictive measure in question while determining the legitimacy of any restriction put on basic rights under the provision of Article 14 (right to equality).

Even in 2016, when All India Institutes of Medical Sciences (AIIMS) forbade hijab-wearing aspirants from appearing in the entrance exam, the Kerala High Court ruled that students might take the exam while wearing the hijab because it was an essential practise of the aspirants' religious faith.

As long as people are happy and willing to practice the hijab nothing can stop people from practising it, as that would go against the constitution itself.

Provisions Related to Right to Religion

Article 25: Freedom of conscience and free profession, practice and propagation of religion

Article 26: Freedom to manage religious affairs

Article 27: Freedom as to payment of taxes for the promotion of any particular religion

Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions

What is hijab?

Hijab is a kind of headscarf worn by Muslim women as a mark of faith and respect to their religion. It covers most of the hair, the neck and the upper chest area by falling below the level of the shoulders. It might also be long enough to cover down the elbows and drape over the upper back. Hijab is worn by Muslim women as a sign of dedication to their faith.

It is not just a piece of clothing but a sign of modesty as well. It is the most important and respected aspect among Muslim women. Hijab is an essential component like many other practises of Islam. Hijab is one of the identifications of Muslims and that is empowering.

Hijab has been a burning topic of debate for a very long time. In other countries as well, the wearing of a hijab in public has also sparked debate. France in particular, due to rigorous secularism that seeks to exclude religion from public life. It outlawed significant religious symbols in schools, including the hijab, in 2004. In other countries like Belgium and Egypt wearing hijab and Niqab was also banned.

209 million muslims

Islam is India's second-largest religion, with over 209 million adherents in 2021, accounting for 14.6 per cent of the country's overall population.  India now has over 10% of the world's Muslim population with a good proportion of women as well. Hijab is an essential part of the faith of Muslim women.

Many Muslim women believe that despite Muslims forming a majority in population in India yet conveniently for over a decade hijab has been misappropriated as something degrading and regressive. They are of the belief that banning hijab or prohibiting women from wearing it can affect their freedom. It also has a direct impact on the mental health of these women.

They can also be deprived of their fundamental rights like education like in the case of Karnataka, where the girls were deprived of education for almost a month. While the constitution and judiciary are of the belief that there should not be any curbs on religious practices, such incidents violate the constitution. As correctly summed up in this statement by some Muslim women, "Owning our identity should not be an issue for anyone. If the constitution empowers us nothing should take that away from us."

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