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All India Majlis-E-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi on Tuesday, 15 March, took to social media to express his disappointment after the Karnataka High Court upheld the ban on Muslim girls wearing hijab with the uniform in schools and colleges.
Meanwhile, Former Jammu and Kashmir Chief Minister Omar Abdullah called Tuesday's order a 'travesty'.
Owaisi asserted that only one religion has been targeted and its religious practice banned.
"Article 15 prohibits discrimination based on religion. Is this not a violation of the same? In short, HC order has forced kids to choose between education & Allah's commands."
"For Muslims, it's Allah's command to be educated while also following his strictures (salah, hijab, roza, etc). Now the government is forcing girls to choose. So far judiciary has declared masjids, keeping a beard & now hijab as non-essential. What is left of free expression of beliefs?" he questioned.
Owaisi said he disagrees with Karnataka High Court's judgement on hijab.
"It's my right to disagree with the judgement & I hope that petitioners appeal before SC," he tweeted.
Owaisi said he hoped that organisations of other religious groups would appeal this judgement as it has "suspended fundamental rights to freedom of religion, culture, freedom of speech and expression."
"Preamble to the Constitution says that one has LIBERTY of thought, EXPRESSION, belief, faith, and WORSHIP."
"If it is MY belief & faith that covering my head is essential, then I have a right to EXPRESS it as I deem fit," he said, adding that for a devout Muslim, hijab was also an act of worship.
'Time To Review the Essential Religious Practice Test'
Owaisi said it was time to review the essential religious practice test.
"For a devout person, everything is essential & for an atheist, nothing is essential. For a devout Hindu Brahmin, janeu is essential, but for a non-Brahmin, it may not be. It is absurd that judges can decide essentiality."
He said that not even other people of the same religion have the right to decide essentiality.
"It is between the individual & God. The state should be allowed to interfere in religious rights only if such acts of worship harm others. Headscarf does not harm anyone."
Owaisi said that banning headscarf definitely harms devout Muslim women and their families, preventing them from accessing education.
"The excuse being used is that uniform will ensure uniformity. How? Will kids not know who's from a rich/poor family? Do caste names not denote background?"
He asked how uniform would prevent teachers from discriminating.
"Globally, the experience has been that reasonable accommodations are made in school, police & army uniforms to reflect diversity."
'Why the Double Standards?': Questions Owaisi
Owaisi said that when Ireland's government had changed the rules for police uniforms to allow hijab and Sikh turban, the Narendra Modi government had welcomed it.
"So why double standards at home & abroad? Hijab and turbans of the uniform's colours can be allowed to be worn."
Owaisi said that first, the government created a problem where none existed. "Children were wearing hijab, bangles, etc. & going to school."
He said that then violence was instigated, and counter-protests were held with saffron turbans.
"Are saffron turbans 'essential'? Or only a 'reaction' to hijab? Third, GO & HC order suspended fundamental rights. We saw media, police & admin harass hijab-wearing students & even teachers. Kids have been even banned from writing exams. It's a mass violation of civil rights."
'Hope This Judgement Won't Be Used To Legitimise Harassment'
Owaisi added he hoped that this judgement would not be used to legitimise harassment of hijab-wearing women.
"One can only hope and eventually be disappointed when this starts happening to hijab-wearing women in banks, hospitals, public transport etc."
'Disappointed by the Verdict': Tweets Omar Abdullah
Omar Abdullah, too, took to social media to express his disappointment.
"Very disappointed by the verdict of the Karnataka High Court. Regardless of what you may think about the hijab, it's not about an item of clothing, it's about the right of a woman to choose how she wants to dress. That the court didn't uphold this basic right is a travesty," he tweeted.
Dismissing the writ petitions filed by Muslim girl students seeking permission to wear hijab in colleges, the court said that hijab is not part of essential religious practice and that no compelling case was made out for invalidating the government order.
The Jammu and Kashmir Peoples Democratic Party president Mehbooba Mufti said she was deeply disappointed by the verdict.
"On one side, we make big claims on women's rights & their empowerment & on another, we don't even give them the right to wear whatever they want; this right shouldn't be with the Courts."
'Why Not Allow Women the Choice': Congress
Shama Mohamed, national spokesperson of the Congress party, said no one should dictate to women what they can and cannot wear.
"In a secular democratic country like India, every woman has the right to wear what she feels comfortable in. No one should dictate to women what they can & cannot wear. In schools, colour co-ordinated head-scarves should be allowed as uniform. Why not allow women the choice!" she tweeted.
Meanwhile, Bihar Congress MLA Shakeel Ahmed Khan said:
"Girls try to cover their body properly, BJP does not like this. Shame on the ideological vacuum of BJP. Women all over the country wear veils, it is a part of our custom."
'Welcome the Decision': NCW Chairperson Rekha Sharma
"I welcome the decision of the Karnataka High Court, as it is firstly not a religious practice, as per Quran. Secondly, when a student enters an institute, they must follow the rules & regulations," she was quoted as saying by ANI.
"I'm an ardent supporter of women's rights, I always say women can wear anything, anywhere, but if there's a uniform code in an institute, it must be followed. Students should not be divided into religion, caste, or creed. I hope they go back to classes," she added.
Hema Malini, Other BJP Leaders Also Welcome Hijab Ban
Bihar BJP MLA Haribhushan Thakur expressed happiness on the court's verdict.
"Religious clothes are for walking on the road. Religious clothing will hinder educational institutions and government workplaces.”
Karnataka Minister BC Nagesh also welcomed the HC verdict saying that the government will try to win hearts of "misguided" Muslim girl students who are against the move and “bring them in mainstream of education,” reported PTI.
Defence Minister Rajnath Singh said in New Delhi that the dress code of schools and colleges must be followed by everyone regardless of religion, reported ANI. He said, "Karnataka High Court gave its judgment today (on Hijab) and it should be welcomed. The dress code of school/college must be followed by everyone of any religion."
BJP MP Hema Malini also spoke on the ban on Tuesday and said, "No need to impose a new ban on Hijab in other institutions or working places but in school the dress code should be followed," ANI reported.
Former Prime Minister and Janata Dal (Secular) leader HD Devegowda said that the issue has been further aggravated. He told ANI, "It's a unanimous judgment by the court... State government should've mutual discussions with political parties. The matter has not been solved and is further aggravated. Government should take necessary steps to ensure the safety of girls.
Meanwhile, Kerala Governor Arif Mohammad Khan reportedly said that "hijab has been mentioned 7 times in the Quran, but not in the context of the dress code."
"What does the government have to do with who wears what? Why the hijab controversy? Why are you charging up the atmosphere?" Telangana CM K Chandrashekar Rao was quoted as saying in the state Assembly.
Mohammad Salman Ahmad, the National President of the Students Islamic Organisation of India (SIO), expressed solidarity with all Muslim women aggrieved by the verdict and said, "We don't believe that it is the job of courts to interpret what is essential or non-essential about any faith."
Prominent Muslim body Jamiat Ulema-e-Hind expressed deep disappointment over Karnataka HC's decision and said that the verdict would have adverse impact on religious freedom and education of Muslim girls, reported PTI.
Will Challenge HC Verdict in SC: Advocate AM Dhar
Senior Advocate AM Dhar, one of petitioner(s) in the hijab row case, said that he will challenge the HC's verdict in Supreme Court, reported ANI.
He said, "Wearing Hijab is an essential practice in Islam. Karnataka HC's verdict on Hijab is a bad judgment. We'll challenge the judgment before Supreme Court. We hope that justice will prevail in the Supreme Court."
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