The Hijab Controversy

If Muslim Girls in all Conscience Believe Hijab is Integral to Their Faith Judges Should Accept it’ Sanjay Hedge - https://youtu.be/3gk3nxwsTpM?t=90  Feb 11, 2022

The lawyer for the muslim girls from the Udupi Pre-University College who have petitioned the Karnataka High Court, says

1. that the right of a muslim women to wear hijab is a fundamental right .

2. If the State or a School authority prohibits hijab under it legal right to have a uniform, then this can be subject to the courts testing the fundamental right with the need for a uniform in a school and whether not wearing the hijab is an intergral part of the uniform, especially when there is no such bar against a "duppata" 

3. that if someone in all conscience believes something is integral to their faith then judges must accept that. Sanjay Hegde made this point when asked if the Karnataka hijab controversy were to go to the Supreme Court and judges were to apply the Shirur Mutt judgement of 1954, which ruled that religion covers all beliefs and practices “integral” to a religion, how would they decide whether the hijab is integral to Islam or not? In some muslim countries like Kosovo, Azerbaijan, Tunisia and to some extent Turkey the hijab is banned in schools, universities and government buildings. In other muslim countries like Indonesia, Malaysia, Morocco, Brunei, Maldives and Somalia it’s optional not mandatory. However, in muslim countries like Iran and Afghanistan the hijab is required by law.

Perhaps if the same rules is made for a minority institution,  which has been right o establish schools of their choice, the court may have do a balancing act between the interests of the minority institution and the fundamental right. 

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Category: The Legal Aspects