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</ref><ref name="BBC larger bench"/> They were found sitting in corridors and working with their notebooks.<ref name="Telegraph Chikmagalur">
</ref><ref name="BBC larger bench"/> They were found sitting in corridors and working with their notebooks.<ref name="Telegraph Chikmagalur">
K. M. Rakesh, [https://www.telegraphindia.com/india/bar-on-hijab-keeps-eight-muslim-students-out-of-classroom-in-udupi/cid/1848149 Bar on hijab keeps eight Muslim students out of classroom in Udupi], The Telegraph (India), 19 January 2022. {{ProQuest|2620888304}}
K. M. Rakesh, [https://www.telegraphindia.com/india/bar-on-hijab-keeps-eight-muslim-students-out-of-classroom-in-udupi/cid/1848149 Bar on hijab keeps eight Muslim students out of classroom in Udupi], The Telegraph (India), 19 January 2022. {{ProQuest|2620888304}}
</ref>
</ref> According to the [[New York Times]], the college banned the hijab after consultation with a BJP politician.<ref name="NYT Court"/> On Jan 1, BJP MLA [[Raghupathi Bhat]] said if hijab was allowed then boys will wear saffron shawls.<ref>{{cite news|title=Hijab row: CFI warns of stir|url=https://www.deccanherald.com/state/mangaluru/hijab-row-cfi-warns-of-stir-1067025.html|publisher=[[Deccan Herald]]|date=2022-01-01}}</ref>


The case was brought to the attention of the media by Ansar Ahmed, the district president of ''Karnataka Rakshana Vedike'', a voluntary organisation.<ref name="Telegraph Udupi">
The case was brought to the attention of the media by Ansar Ahmed, the district president of ''Karnataka Rakshana Vedike'', a voluntary organisation.<ref name="Telegraph Udupi">

Revision as of 20:35, 13 February 2022

At the beginning of January 2022, a dispute erupted in the Indian state of Karnataka, when Muslim students wearing hijab in a junior college were denied entry to classes.[1] Over the following weeks, it spread to several other schools and colleges across the state. On 5 February 2022, the Karnataka government issued an order clarifying that uniforms must be worn compulsorily where policies exist and no exception can be made for the wearing of hijab. Several schools cited this order and denied entry to Muslim girls wearing the hijab.[2][3] Following this, petitions with regard to this issue were filed in the Karnataka High Court. On 8 February 2022, the Government of Karnataka announced the closure of high schools and colleges for three days after the protests and disputes over the wearing of hijab intensified.

The hijab ban was criticized inside India and internationally by officials in the United States and Pakistan, by Human Rights Watch, and by figures like Malala Yousufzai and Noam Chomsky. The ban was defended inside India by politicians, such as Aaditya Thackeray and Vishva Hindu Parishad.

Background

The education system of Karanataka involves 10 years of school and two years of Pre-University college. On the basis of the Karnataka Education Act, 1983[a] the Government of Karnataka has empowered the school/college development councils to decide on uniforms for their students. For school students, uniforms are said to be mandatory. For pre-University colleges, uniforms were not mandated by the government, but, over time, the majority of colleges have adopted them. The rise in student numbers is said to have been a factor in this trend.[5][4]

Muslims constitute 13% of the population of the state Karnataka.[6] Many Muslim women consider hijab to be a part of the Islamic faith.[7] In India, the public display of religious symbols is common,[8] including the wearing of hijab and burqa.[9][8][7] Several colleges in Karnataka reported that a small number of Muslim students have "always" worn the hijab in classroom.[10] M Raghupathy, who was Karnataka's education minister in a Janata Party government in the 1980s, said that the government's uniform mandates had allowed both the hijab and the Christian nun's habit.[11] He said that the Bharatiya Janata Party had not objected to hijab back then.[11]

Since 2019, Karnataka has been ruled by the Hindu nationalist Bharatiya Janata Party (BJP).[6] It has adopted the popular Hindu nationalist policies such as baning cow slaughter,[12][13] and passing an "anti-conversion bill" that critics say makes it difficult for interfaith couples to marry or for individuals to convert to Christianity or Islam.[12][13]

Incidents

Udupi

In early January 2022, a government-run pre-University college at Udupi barred six Muslim female students from the classroom because they insisted on wearing the hijab.[8] The college said its uniform policy did not allow for the hijab.[1] The girls offered to use the existing uniform's dupatta to cover their head, arguing they didn't need to wear a separate hijab of a different color or material, but the college refused.[1][14] The college allowed them to wear the hijab on campus, but did not allow them into classes.[15][8] They were found sitting in corridors and working with their notebooks.[14]

The case was brought to the attention of the media by Ansar Ahmed, the district president of Karnataka Rakshana Vedike, a voluntary organisation.[1] The student wing of Popular Front of India (PFI),[b] called Campus Front of India, threatened a protest, prompting the college to arrange a police presence.[1] The political wing of PFI, called Social Democratic Party of India (SDPI), is also said to have threatened with protests.[18] The college authorities met and talked with the parents, but remained firm in their resolution not to allow religious attire.[19][20]

Later investigations revealed a complicated picture. The protesting students had apparently attended the previous year of college following its rules of removing hijab inside classrooms, but this fact was not appreciated by their parents. After the parents discovered the true situation, they as well as the students came to the decision to insist upon hijab. CFI and SDPI emerge as key instigators of the dispute.[10][21]

The college development council (CDC), which is responsible for setting the uniform policy, was headed by an MLA belonging to the BJP, K. Raghupati Bhat. Its 21 members did not include any Muslims.[10] Throughout January, efforts were made to resolve the dispute with the involvement of the Udupi district Muslim Okkutta (Muslim Federation), which was controlled by the Welfare Party of India, and the district's Deputy Commissioner.[10] CFI and SDPI took the position that, since uniforms were not mandated by the government, they could not violate the students' religious rights. Bhat told the media that the college had written to the Pre-University Education Department of the state government to clarify the matter.[22] Thus the matter got escalated to the state government level.

Chikmagalur

Soon after the Udupi episode became public, a dispute arose at a government first grade college in Koppa in the Chikmagalur district, which is a co-educational institution. There the Hindu students started wearing saffron scarves[c] to the college to protest against Muslim students being allowed with head scarves.[24] As a result, the college told Muslim girls to remove their hijab inside the classroom.[25] The matter was resolved a few days later at a parent–teacher meeting where it was decided to allow Muslim girls with hijab. The parents of the Hindu students did not support their wards donning saffron scarves.[14]

Other locations

On Jan 6, students wore saffron shawls to protest against the hijab at Pompei College in Mangaluru.[26] The protests were supported by right-wing organizations ABVP, VHP and Bajrang Dal.[26]

By February, the row over hijab has spilled over to other institutions in the Udupi district. At a college in Kundapura, 28 students wearing hijab were barred from entering the college premises.[27] The students were very anxious because their public exams were just two months away. The Telegraph commented that their "tearful pleas fell on deaf ears".[28]

On 3 February, saffron shawl wearing men prevented hijab wearing Muslim students from entering Dr BB Hegde College near Udupi. The next day, the college banned the hijab, citing the government order, even though one student said she'd worn the hijab for three years at the school without issue.[29] Bhandarkars' Arts & Science College also banned the hijab; some of its female Muslim students found their college's treatment "humiliating".[29]

On 8 February, Mahatma Gandhi Memorial College prevented students in hijab from entering, even though multiple students said the college had not objected to her hijab in the past.[30][31]

The dispute then began to spread to other institutions across Karnataka, between Muslim students wanting to wear hijab and the administrations barring them. The controversy intensified in early February 2022.[32]

Between 4 and 7 February, counter-protests led by students who were against allowing students wearing the hijab to enter the college. These students marched to the college wearing saffron shawls. However, authorities stopped them from entering the premises and asked the students to remove the shawls.[33] The students were allowed in only after they complied with the request.[34][35][36][33][37][excessive citations]

On 10 February 2022, a lone Muslim woman, named Muskan Khan, clad in a burqa was heckled on her college grounds in Mandya by a crowd of male Hindu students wearing saffron shawls and chanting "Jai Shri Ram". She responded back shouting "Allahu Akbar", while the college staff controlled the crowd and escorted her into the building.[38][39][12] A video of the incident went viral.[40] The treatment of Muskan Khan was condemned by many notable figures, including by actors John Cusack,[41] Pooja Bhatt,[41] Fakhre Alam,[41] and footballer Paul Pogba.[42]

Government reaction

The ministers of Bharatiya Janata Party-led Karnataka government reacted to the incidents with apparent distaste. The chief minister said the hijab ban would ensure classrooms did not become "Taliban-like".[29] The education minister B. C. Nagesh termed it as an "act of indiscipline" in educational institutions, saying if the girls want to practice their religion they can leave the college..[22] The uniform had been present for over three decades and there had been no problem with it till this point, he said.[43] He blamed "political leaders", an apparent referene to the PFI, for provoking the students, who were allegedly "playing politics".[28] The Home minster Araga Jnanendra said that there must be a universal feeling in schools and colleges that "we are all Indians", which required that the uniform code set by colleges be followed.[44] BJP MLA Basangouda Patil Yatnal suggested madrassas should be banned too.[45]

On 27 January, the government announced the setting up of an expert committee to study the issue. Until its decision was made, the government urged the students maintain the "status quo".[44]

On 4 February 2022,[29] the government issued an order clarifying that uniforms were mandatory, while also stating that in the absence of a dress code, students can wear "the dress which will not affect equality, integrity and law & order". The order mentioned that the uniform were to be decided by the state government in government schools, and by the school management in private schools. Several schools cited this order and denied entry to Muslim girls wearing the burqa.[2][3][46]

On 8 February 2022, the Government of Karnataka announced the closure of high schools and colleges for three days, after the controversy over the wearing of hijab by Muslim students intensified.[47][48] The Bangalore Police prohibited protests and agitations from 9 February until 22 February within the vicinity of any educational institution.[49] Two Muslim men were arrested when they were found carrying lethal weapons during a protest. Three others managed to flee.[50]

On Feb 8, Madhya Pradesh Education Minister Inder Singh Parmar (BJP) said "Hijab is not a part of uniform and, therefore, I feel it should be banned".[51][52] However, the next day the Madhya Pradesh government said that no proposal to ban the hijab was under consideration.[53] Education ministers in BJP ruled Himachal Pradesh and Tripura said their governments currently had no plans for a uniform dress code.[51]

Education ministers of Maharashtra and West Bengal, both states ruled by opposition parties, accused the BJP of "politicising" the school uniform.[51] West Bengal education minister promised his state would "never" implement a hijab ban.[51] Maharashtra education minister maintained the Indian Constitution gave freedom of religion.[51] Rajasthan Education Minister BD Kalla said his state doesn't restrict the hijab and accused the BJP of "mak[ing] issues out of non-issues".[51]

Court case

Several students from the 'Government Pre University College for Girls, Udupi, petitioned the Karnataka High Court against the ban, stating that wearing the burqa was their religious right.[12][54][2]

On 9 February, a single judge hearing the case referred the matter to a larger bench.[55][56]

A three judge bench headed by Chief Justice Ritu Raj Awasthi passed a interim order on 11 February. It requested the State to re-open the educational institutions and restrained students from wearing any sort of religious clothes in classrooms until court decided the matter.[57][58]

Domestic reactions

  • Apoorvanand, a professor of Hindi at the University of Delhi, called the controversy a part of a larger project in which “Muslim identity markers are being declared as sectarian and undesirable in public spaces". He said "It is telling Muslims and non-Hindus that the state will dictate their appearance and their practices,".[59]
  • Rahul Gandhi, the leader of the opposition Indian National Congress party criticized the government and said "By letting students' hijab come in the way of their education, we are robbing the future of the daughters of India. Prohibiting hijab-wearing students from entering school is a violation of fundamental rights."[59]
  • Aaditya Thackeray, state minister of Maharashtra, told journalists that if there was a uniform at schools, there should not be a place for any other dress other than that, saying, "Schools and colleges are the Centres of education, only education should be imparted there".[60]
  • Sikh organizations in India condemned the hijab ban, fearing that a ban on Sikh turbans might be next.[61]
  • Muslim Rashtriya Manch (MRM), the Muslim wing of the Rashtriya Swayamsevak Sangh (RSS)-
    • In a statement, Anil Singh, the Prant Sanchalak (Awadh) of the MRM backed the burqa-clad student who was heckled by youth shouting 'Jai Shri Ram' slogans at a Karnataka college, saying ‘purdah’ is part of Indian culture.[62]
    • The MRM distanced itself from Singh's statement and said that it does not support such "fanaticism and religious frenzy" and supported the enforcement of dress code in educational institutions in Karnataka.[63]
  • Vishva Hindu Parishad - Dr Surendra Jain, joint secretary of Vishwa Hindu Parishad termed the hijab row “a conspiracy to propagate jihadi terrorism” and said that Muslim students were attempting “hijab jihad” in college campuses.[59][64]

International reactions

Notes

  1. ^ The Act seems to have been amended in 2013 and 2018.[4]
  2. ^ Often described as an extremist Islamic organisation.[16][17]
  3. ^ Saffron is a holy colour in Hinduism, but there is no religious requirement to wear it in scarves. More significantly, the saffron colour is promoted by the Hindu nationalist organisations such as the Vishva Hindu Parishad as an emblem of their ideology.[23]

References

  1. ^ a b c d e K. M. Rakesh (2 January 2022). "Hijab-clad students denied entry to classroom in Udupi PU college". The Telegraph (India).
  2. ^ a b c Chowdhuri, Rupak De (9 February 2022). "Indian students block roads as row over hijab in schools mounts". Reuters. Retrieved 10 February 2022.
  3. ^ a b ABP News Bureau (5 February 2022). "Karnataka Govt Issues Fresh Order Amid Hijab Row, Says Uniform That Affects Harmony Must Be Banned". ABP Live.
  4. ^ a b Decision on dress code in govt. PU colleges soon: CM, The Hndu, 4 February 2022.
  5. ^ Vincent D'Souza, Uniform not must, says PU dept website, contradicts Karnataka govt stand, The New Indian Express, 10 February 2022.
  6. ^ a b c "Hijab protests spread in India as girls face off against Hindu nationalist crowds". The Washington Post. 10 February 2022. ProQuest 2627270812.
  7. ^ a b "Religious identity, rights in focus as Indian schools ban hijab". Christian Science Monitor. 8 February 2022.
  8. ^ a b c d "Karnataka hijab row: Judge refers issue to larger bench". BBC News.
  9. ^ Sheikh Saaliq (8 February 2022). "In India, wearing hijab bars some Muslim students from class". Toronto Star.
  10. ^ a b c d Sood, Anusha Ravi (11 February 2022). "Viral photos, bruised egos, radical student groups: Inside story of Karnataka's hijab crisis". ThePrint.
  11. ^ a b "Hijab wasn't an issue when uniforms were introduced in Karnataka: Former minister". Deccan Herald. 11 February 2022.
  12. ^ a b c d Mogul, Rhea; Suri, Manveena; Gupta, Swati (10 February 2022). "Hijab protests spread as girls refuse to be told what not to wear". CNN. Retrieved 10 February 2022.
  13. ^ a b Rushda Fathima Khan (9 February 2022). "'Targeted harassment': Muslim girls in India denounce hijab ban". Al Jazeera.
  14. ^ a b c K. M. Rakesh, Bar on hijab keeps eight Muslim students out of classroom in Udupi, The Telegraph (India), 19 January 2022. ProQuest 2620888304
  15. ^ K. M. Rakesh (2 January 2022). "Hijab-clad students denied entry to classroom in Udupi PU college". The Telegraph (India). On Friday, Gowda [the principal of the college] had told reporters: "Only six of some 60 Muslim girls (students) are insisting on wearing the hijab. But the college doesn't have a rule permitting that kind of religious dress."
  16. ^ "HuJi, Popular Front of India under lens for hate messages". The Times of India. 22 August 2012.
  17. ^ "In a pluralistic part of India, fears of rising Islamic extremism". The Washington Post. 5 February 2011.
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  19. ^ "College refutes charge by students". The Hindu. 1 January 2022. ProQuest 2615545813.
  20. ^ "College in Udupi decides to continue with dress code". The Hindu. 2 January 2022.
  21. ^ Wahab, Ghazala (9 February 2022). "Why the hijab row is not an identity issue". Mintlounge.
  22. ^ a b Hijab: NSUI to file writ in support of students, The Hindu, 22 January 2022. ProQuest 2621727233
  23. ^ Hansen, Thomas Blom (1999), The Saffron Wave: Democracy and Hindu Nationalism in Modern India, Princeton University Press, p. 108, ISBN 1-4008-2305-6: "Today, the saffron flag and the saffron color—though used widely in religious rituals and processions— has in the political field been appropriated by the Hindu nationalist movement. During riots, the saffron flag is often employed to mark Hindu areas, and it is planted upon Muslim dargahs (tombs) and masjids (mosques) to mark Hindu superiority."
  24. ^ Nagarjun Dwarkanath, Karnataka college students wear saffron scarves protesting against hijab in classrooms, India Today, 5 January 2022. "The students of the government-run college in Balagadi village claimed that if hijab was allowed inside, then saffron scarves could be sported too. The same students had earlier asked women not to attend classes wearing hijab."
  25. ^ "'Saffron' pressure forces hijab curb in Karnataka college". 4 January 2022.
  26. ^ a b "Karnataka considers uniform dress code as hijab vs saffron scarf flare-up returns to colleges". The Print. 7 January 2022.
  27. ^ Karnataka hijab row: Management pushed students, refused to give answers, says student, India Today, 4 February 2022.
  28. ^ a b K. M. Rakesh (5 February 2022), "More colleges in Karnataka stop Muslim girls from wearing hijab", The Telegraph (India), ProQuest 2625383593
  29. ^ a b c d "Violent clashes over hijab ban in southern India force schools to close". The Guardian. 9 February 2022.
  30. ^ Suhasini Raj and Emily Schmall (11 February 2022). "No Hijabs for Now, Indian Court Tells Muslim Students". ProQuest 2627300106.
  31. ^ "Schools shut in Indian state as protests grow over headscarf ban". The Guardian. 8 February 2022.
  32. ^ "Hijab Row Live: Protests Intensify, Spread To Other States, Karnataka High Court Hearing Today". NDTV News.
  33. ^ a b "Hijab-saffron shawl controversy: Two arrested for carrying 'lethal weapons' as row continues in Karnataka colleges". 7 February 2022.
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  37. ^ "Hijab-saffron shawl controversy continues in Karnataka colleges". Business Today. 7 February 2022.
  38. ^ "For Piece Of Cloth, Ruining Education": Girl Who Took On Saffron Scarf Group, NDTV News, 9 February 2022.
  39. ^ "Hijab row: The India woman who is the face of the fight to wear headscarf". BBC. 10 February 2022.
  40. ^ "Outrage after hijab-wearing woman heckled by Hindu mob in India". Al Jazeera. 8 February 2022.
  41. ^ a b c "Muskan Khan: Celebrities lament over Muslim women being harassed in India". Daily Pakistan. 9 February 2022.
  42. ^ "Hijab ban in Indian state violates religious freedom: US official". Al-Jazeera. 12 February 2022.
  43. ^ Karnataka hijab row: No problem for 3 decades; girls instigated, says edu minister, India Today, 21 January 2022.
  44. ^ a b Hijab row: Karnataka govt sets up expert committee, The Hindustan Times, 27 Jan 2022. ProQuest 2622813362
  45. ^ "Violent clashes over students' hijab ban lift the veil on fault lines in Narendra Modi's India". 9 February 2022.
  46. ^ "Hijab row: Karnataka govt says uniforms mandatory for schools and PU …". archive.ph. 10 February 2022. Retrieved 10 February 2022.
  47. ^ "Hijab protests spread, Karnataka govt shuts colleges, high schools for three days". Indian Express. 9 February 2022.
  48. ^ "Hijab Row: Karnataka schools for classes 9, 10 to resume on Monday". www.en.etemaaddaily.com. Retrieved 10 February 2022.
  49. ^ "Police ban protests and gatherings near educational institutions in Bengaluru". The Hindu. 9 February 2022. {{cite news}}: Text "title" ignored (help)
  50. ^ "Hijab-saffron shawl controversy: Two arrested for carrying 'lethal weapons' as row continues in Karnataka colleges". 7 February 2022.
  51. ^ a b c d e f Iram Siddique , Santosh Singh , Debraj Deb , Pallavi Smart. "Hijab row: MP talks of code on uniform, Bihar, and Tripura strike note of caution".{{cite news}}: CS1 maint: multiple names: authors list (link)
  52. ^ "Hijab-Wearing Muslim Students Are Being Shut out of Schools in India". 10 February 2022.
  53. ^ "Madhya Pradesh backtracks a day later, says no proposal to ban hijab". 10 February 2022.
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  56. ^ India, Press Trust of (9 February 2022). "Hijab row: Karnataka High Court refers matter to larger bench". Business Standard India. Retrieved 12 February 2022.
  57. ^ Plumber, Mustafa (11 February 2022). "Hijab Ban : Karnataka High Court Uploads Interim Order Banning Religious Dress In Colleges Where Uniform Is Prescribed". www.livelaw.in.
  58. ^ "Hijab ban: Karnataka HC asks students not to wear religious dress till verdict". The Indian Express. 11 February 2022.
  59. ^ a b c "Violent clashes over hijab ban in southern India force schools to close". the Guardian. 9 February 2022.
  60. ^ "Prescribed school uniforms should be followed: Maharashtra minister Aaditya Thackeray on hijab row". New Indian Express. 9 February 2022.
  61. ^ Yudhvir Rana (10 February 2022). "Sikh bodies slam Karnataka hijab row".
  62. ^ "Asaduddin Owaisi dials Mandya girl heckled for wearing hijab, praises…". archive.vn. 10 February 2022. Retrieved 10 February 2022.
  63. ^ PTI (Press Trust of India) (10 February 2022). "Hijab Row: RSS' Muslim wing distances itself from UP functionary supporting burqa-clad girl". The Print. Retrieved 11 February 2022.
  64. ^ "'Hijab issue has become jihad', says Vishwa Hindu Parishad leader". The Siasat Daily. 9 February 2022.
  65. ^ "US criticizes Hijab ban in Karnataka". 12 February 2022.
  66. ^ "Hijab Ban in India Sparks Outrage, Protests". Human Rights Watch. 9 February 2022.
  67. ^ "'Horrifying': Malala Yousafzai reacts to Karnataka hijab row". India Today. 9 February 2022.
  68. ^ "Manchester United star Paul Pogba slams Hindu mob for harassing Muslim girls in hijab". Zee News. 11 February 2022.
  69. ^ APP (12 February 2022). "India has turned Muslims into a 'persecuted minority': Noam Chomsky". DAWN.COM. Retrieved 13 February 2022.
  70. ^ "কর্নাটকে হিজাবে বিধিনিষেধ ধর্মীয় ও নাগরিক অধিকার হরণের শামিল : চরমোনাই পীর". Daily Naya Diganta (in Bengali). Retrieved 13 February 2022.
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