The Karnataka High Court’s judgment in the favour of hijab ban is not just disappointing, it’s highly unconstitutional.
Upholding the ban, the court ruled that hijab is not an essential religious practice to Islam. It observed, “It can hardly be argued that hijab being a matter of attire, can be justifiably treated as fundamental to Islamic faith. It is not that if the alleged practice of wearing hijab is not adhered to, those not wearing hijab become the sinners, Islam loses its glory & it ceases to exist as a religion.” Five petitions had challenged the ban imposed by the state government earlier.
Our judiciary is expected to ensure the complete implementation of the Constitution of India. If we have forgotten and we need reminders, the right to education, the right to equality, right to practise and propagate religion are all our fundamental rights. The courts are expected – are supposed – to ensure and protect these fundamental rights, not challenge them.