School Hijab Ban Case at Karnataka High Court
GHRTV Reporter
19-02-2022
Kivilcim Ceren Buken
India and Human Rights Researcher
Global Human Rights Defence
In early January 2022, there was a dispute in a pre-university college in Udupi, Karnataka when six Muslim students started protesting after they were refused entry into class on the basis that their attire, the hijab, was not in accordance with the school uniform; when until then they had been attending the school in hijab with no trouble. Since then, the dispute has snowballed into an issue of international concern, as videos of Muslim students being harassed by Hindu students wearing saffron shawls surfaced on social media. The ban is raising widespread concern since it will force female Muslim students -or their parents- to make a choice between their education and their religion.
On February 8, schools were closed in Karnataka for three days, as the dispute got heated and students were increasingly hostile towards each other. The closure was extended several times and even though the stir has not died down, education was resumed on February 16. Since then, some students who refused to take off their hijab were not let into their schools, and many were suspended for the same reason.
Currently at Karnataka High Court, the case has amassed widespread attention. It has been claimed by the Attorney General of Karnataka during the hearing on the 18th, that the hijab does not fall within the "essential" religious practice of Islam. This is the claim that supports the view that the hijab may be banned in schools while the Sikh turban, a religious symbol worn by male Sikh students, is allowed. Hearings at Karnataka High Court are ongoing with no end in sight, as student protests continue to spread.
Sources and Further Reading:
'Hijab ban in Indian state violates religious freedom: US Official', Aljazeera (12 February 2022)
<https://www.aljazeera.com/news/2022/2/12/us-expresses-concern-over-india-hijab-row>
'Hijab row: Karnataka extends closure of degree, diploma colleges till Feb 16' Hindustan Times (11 February 2022)
'Karnataka Hijab Row Highlights: 58 Girls Suspended from College in Karnataka for wearing Hijab, holding protest', Indian Express (19 February 2022)
K.M. Rakesh, 'Hijab-clad students denied entry to classroom in Udupi PU college' Telegraph India (2 January 2022)
Mustafa Plumber, 'Hijan Not Essential Practice of Islam, Karnataka AG Says; What Was Necessity of Saying This in GO, Asks High Court?' Live Law (18 February 2022)
Nolan Pinto, 'Hijab Row in HC: Why not hijabs when ghoongat and turban permitted, say petitioners' India Today (16 February 2022)
Rhea Mogul, Manveena Suri, Swati Gupta, 'Hijab protests spread in India as girls refuse to be told what not to wear' CNN (2 February 2022)
<https://edition.cnn.com/2022/02/10/india/hijab-karnataka-india-protest-intl-hnk/index.html>
Sunil Kataria, 'Indian Muslim students say hijab ban forces choice of religion or education' Reuters (13 February 2022)
