08 Feb The emerging issue of the Wearing Hijab : How far is it relevant for Individual freedom or How far is fundamentalism?
The emerging issue of the Wearing Hijab : How far is it relevant for Individual freedom or How far is fundamentalism – Today Current Affairs
Context :
In Karnataka, Recently an issue related to Hijab wearing has emerged . Some school Muslim students were restricted their entry in the class by school authority because of wearing Hijab . Now this issue has been converted into politics and many right wingers political parties and students organizations had opposed this . To counter the Hijab the student union of the right wing political ideology also wore saffron stoles
Today Current Affairs
Introduction
The issue of wearing Hijab in Karnataka is a burning issue . In this regard but nobody should compel the students to wear Hijab. Girl has the right to protect her interest through wearing a Hijab but it should hamper the interest of the school (Public interest). If school authority thinks that there must be a proper dress code and in that dress code Hijab the school of Karnataka, a conflicting issue is being raised by some politicians for their political benefits and that issue is related to the wearing of Hijab by Muslim students . The right wings ideological student union’s view is that at any cost they would not allow anybody to enter in school with fundamentalist dressing pattern . If Muslim students wear Hijab they should go in the schools managed by the Muslim management .
- In fact, dressing is the fundamental right of any person and nobody can be deprived from this right. Article 21 of the constitution provides the right to life which means the right to life in a dignified manner. Art 25 of the constitution also states that every person has the right to practice his religion and free to wear clothes as per the religious practice, provided this practice does not hamper communal harmony in the society. State can impose the restriction on the grounds of uphold “public order, morality and health”. Today Current Affairs.
Previous decisions of the court in this regards: The Hindu Analysis
- In the case of Amnah Bint Basheer v. CBSE (2015), The Kerala High Court stated that the CBSE could not prevent a Muslim girl from writing her exams while wearing a hijab, because hijab is an “essential practice” in Islam and that girls deserve the right to protect and practice her religious values .
- But in another case of Fathima Tasneem v. State of Kerala (2018), the verdict of High court is very important in which High court stated that court could not tell schools to allow Muslim girls to wear hijabs.
- On the ground of above two decisions it can be concluded that schools should not interfere in the matter of individual dressing pattern until or unless it does not harm any communal harmony and any social ritual.
- Wearing Hijab is not a big issue. If any student willing wear Hijabs nobody should have any object is not allowed, then the girls should not wear this Hijab
What are “public interest” and “public order” and “essential practices”: The Hindu Analysis
- Public Interest reflects the sense of the collective interest , not interest of majority only. The welfare or well-being of the general public irrespective to religion, caste, creed, race is the public interest . Public interest does not mean the interest of a particular community only .
- majoritarian Hindu supremacist demands that Muslim women can only study with their peers from other religions if they erase any appearance of ‘Muslimness’. Muslim women wearing Hijab should go in Muslim religious school. This is not absolutely in the public interest . These types of activities have the agenda of segregation and isolation of Muslims. These activities would encourage separation in future which would be dangerous for the integrity of India as a nation . Public interest is served here only by nurturing diversity in educational institutions.
- Public Order means the state of normality and security that is needed in a society and that should be pursued by the state in order to exercise constitutional provision. If Turban wearing is not objectionable and no public order is being disturbed and how this Hijab will disturb public order .
- Essential practices are those practices which are fundamentals of any religion. Saffron is not an essential practice of Hinduism because Hinduism has never been practiced as a religion . While hijab is the practice described in Islamic text just like turban wearing is the essential practice for Sikh people
Conclusion
In fact, the issue of Hijab wearing has been raised only for political purposes. Actually the elections are going on in some states and therefore on the grounds of religion some political parties are seeking the polarization of the votes. But all of us should be aware of such types of conspiracies of the political parties . We are Indian and unity in diversity is the fundamental feature of Indian culture . We have to maintain it.
In this article we mention all information about The emerging issue of the Wearing Hijab : How far is it relevant for Individual freedom or How far is fundamentalism Today Current Affairs.
GS Paper I (Social Justice), GS Paper II (Polity)
Source : The Hindu (Editorial)
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