HIJAB BAN: AN EYE-WITNESS TO CONSIDER WOMEN AS AN EASY TARGET OF ATTACK
INTRODUCTION
Education is the strongest weapon on which one can rely upon to overcome any obstacle that obstructs one’s way to peace and tranquility….
In the judgement of Smt. Resham case[1], an extract was beautifully put on to focus on its objective from MANUAL ON SCHOOL UNIFORMS published by U.S. Department of Education:
A safe and disciplined learning environment is the first requirement of a good school. Young people who are safe and secure, who learn basic American values and the essentials of good citizenship, are better students. In response to growing levels of violence in our schools, many parents, teachers, and school officials have come to see school uniforms as one positive and creative way to reduce discipline problems and increase school safety.[2]
Because India is a country with such a diverse population, it is critical to consider the interests of all heterogeneous groups. It is extremely unfair when many countries, such as India, deny their citizens what are considered Fundamental Rights, such as the Right to Religious Expression. The author would like to proceed with the article whereby it would furnish its dictum upon the Hijab Ban by taking into account various aspects and views of various scholars and suitable manuals.
CONTENT
France gifted the world with a beautiful expression for every diverse nation, Vive La Difference, (Live the Difference), however, for the government of a country like India whereby one of the major tasks in front of the then Government (national leaders) of post-independent India was Nation Building accommodating diverse religion, instead of supporting the phrase gifted by France, recently proposed a ban on Hijab.[3] An important question that comes into each reader’s mind is what exactly is Hijab? In simple terms, it can be stated to wear modest clothes in general that are in line with conservative Islamic Beliefs.[4] The very purpose of wearing a hijab is to maintain modesty and it has been proved in many studies that the principle is a crucial part of many veiled Muslim women’s lives. However, several other reasons influence Muslim to put on the attire on their heads. No doubt, many veiled Muslim women choose to wear hijab for no reason in particular but their will to follow their religious command to dress modestly and maintain their Islamic identities.
For example, Droogsma found that the attire is essential for many veiled Muslim women in the sense that “the practice identifies to others their faith commitment and is a powerful assertion of their identity”[5] In addition to that, it has been revealed in another study that the widespread trend of clothes globally, in particular, that of “western dress codes and lifestyles…prompts many Muslim women to reaffirm their Muslim identity by wearing the hijab”[6] Hijab also acts as a tool for empowerment, Contrary to popular perceptions in the western society that hijab is the tool to subjugate women, and various studies assert that the attire is regarded to be an instrument of empowerment for many veiled Muslim women. For instance, one study argues that veiled Muslim women do not regard their hijabs “as a restriction to their potential but more as a symbol of empowerment. They attend colleges and universities, work in various professions, have families and friends, and enjoy life, all while wearing hijab”[7]
The wearing of the Hijab as a facet of expression protected under Article 19(1) a, is being debated, we may take into account, the following extract: While examining the constitutionality of a law that is alleged to contravene Article 19(1)(a) of the Constitution, we cannot, no doubt, be solely guided by the decisions of the Supreme Court of the United States of America. But to understand the basic principles of freedom of speech and expression and the need for that freedom in a democratic country, we may consider them…[8] Therefore, the author here would like to draw the readers’ attention to the above paragraph extracted from the apex court’s judgement which itself states that, to interpret the facet of freedom of speech and expression in a democratic country, is not wrong to take into account the precedence set by the US law courts, nonetheless, the U.S. manuals. Therefore, in a diverse nation like India with the world’s largest democracy, whereby one of the main objectives of unity in diversity is the Nation Building Process accommodating the diverse social/religious group, there is utmost need for a deeper understanding of the humanity behind the group which may be the key to softening the communal conflict.
CONCLUSION
The task of schools is to enhance the sword of education amongst the greatest power of the nation, i.e., the youth. The primary tasks also include the promotion of the ability of people of diverse races, religions, and cultures to live together in harmony.[9] Moreover, assimilating the best of all creeds and cultures is the best way to find unity in diversity.[10] Therefore, the author here would like to wind up by stating that, a country whereby the basic structure of the constitution includes the term secularism, and the fundamental rights including the Right to freedom of speech and expression, freedom to follow, propagate any religion, Right to privacy, it must be one’s choice to express their willingness towards their religion. The ban on Hijab includes the regulation upon women in India. As a neutral citizen of this country, the author suggests the fact that women are growing independent and it should be entrusted to women to choose whether to wear their religious identity or remove it as per their convenience. It enhances nothing less than the sparkling of the popular phrase:
Women are easy to target of attack in any part of the world they are in.
Author’s Name: Ankita Kalita (Symbiosis Law School, Pune)
[1] Smt Resham, D/o K Faruk And Ors v. State of Karnataka And Ors.
[2] https://files.eric.ed.gov/fulltext/ED387947.pdf (Last visited 20th March, 2022)
[3] Kristin Grossman, Back off of My Burqa, Hands off My Hijab: French Resistance to Multiculturalism and Franco-Muslim Resistance to Assimilation, 2 GNLU J.L. DEV. & POL. 95 (2010).
[4] S. Ghumman and A.M. Ryan, Not Welcome Here: Discrimination Towards Women Who Wear The Muslim Headscarf, Human Relations 66(5), 671 (2013)
[5] Ali, S. R., Yamada, T. and Mahmood, A., Relationships of the Practice of Hijab, Workplace Discrimination, Social Class, Job Stress, and Job Satisfaction Among Muslim American Women, Journal of Employment Counseling 52(4), 146 (2015)
[6] Id
[7] Hyder, N., Parrington, C. and Hussain, M., Experiences of Hijabi Women: Finding a Way Through the Looking Glass for Muslim Americans, Advancing Women in Leadership Journal 35, 172 (2015).
[8] INDIAN EXPRESS NEWSPAPERS vs. UNION OF INDIA, (1985) 1 SCC 641
[9] REGINA vs. GOVERNORS OF DENBIGH HIGH SCHOOL, [2006] 2 WLR 719.
[10] KERALA EDUCATION BILL (1959) 1 SCR 996
