Let modernity prevail
Following the split verdict by the two-judge Bench of the Supreme Court on Thursday on pleas challenging the Karnataka High Court order upholding the ban on the wearing of the hijab in the state’s educational institutes, the appeals will now be decided by a larger Bench to be constituted by the CJI. The matter is explosive as the arguments entail a wide spectrum of issues, ranging from the highly emotive religious angle to the question of the right to equality and freedom of choice and expression, as also fulfilling the purpose of providing access to education to the Muslim girls.
In the long-term interest of the young and minor schoolgirls who will be directly impacted, it is solely the progressive forces that should hold sway in the decision-making. Enforcing the regressive hijab just does not hold water as it effectively excludes the girls from co-curricular activities such as swimming, tennis and other games that are equally important for their holistic development. At the same time, with no evidence of the hijab being an essential religious practice in Islam, the insistence of some leaders or sections of the Muslim clergy to impose this piece of clothing on the girls smacks of a fundamentalist, patriarchal and oppressive streak. As far as having a choice in the matter goes, it cuts no ice unless the choice is made by an adult woman, who has wilfully taken an informed decision on donning the hijab or burqa and is, accordingly, well aware of her exclusion from certain fields mandating the discipline of a dress code or a uniform. Incidentally, the ongoing deadly protests by Iranian women against the hijab should show the mirror to all concerned that this garment has not stood the test of time. Shunning modernity is bound to trigger an outcry, sooner or later.
Also, importantly, in this context, the BJP would do well to restrain itself from aligning or colouring this issue with its Hindutva and vote-bank agenda. For the harmony of the country, the BJP must not turn hijab into a communal issue. and use it to polarise the polity.
