There has been a lot of debate over the Karnataka High Court’s verdict upholding a ban on the wearing of hijab in educational institutions. In a nutshell, the High Court’s judgment appears to hold that the hijab is not an essential part of Islam and therefore the right to wear it cannot be protected under the Constitutional right to freedom of religion guaranteed by Article 25.
It has been recognized that this case involves a number of key constitutional rights and principles, such as the right to freedom of expression, the right to freedom of conscience and freedom of religion, the right to privacy, the principles of equality and non-discrimination, and the principle of secularism, to name a few. The judgment delivered by the three-judge Bench does engage with these principles. But not everyone is convinced that it has applied the Constitutional provisions correctly. Has the court advanced the cause of women’s emancipation and secularism, as the verdict claims, or is it possible that it may have misconstrued certain Constitutional principles?
Guest: Anup Surendranath, teacher of constitutional law at National Law University, Delhi
Host: G. Sampath, Social Affairs Editor, The Hindu
Edited by Ranjani Srinivasan