“Religion is ours. We will decide. Who is the court to speak on this matter?” That was the response from AIMIM MP Asaduddin Owaisi to a recent ruling by the Allahabad High Court on the hijab issue. He said: “If any decision needs to be made on matters of religion, we will make it. Who is this judge?” The MP’s remarks have, predictably, sparked controversy.
A schoolgirl had approached the court seeking permission to wear a hijab along with her school uniform. The higher court, however, rejected her petition. A two-judge bench of the Allahabad High Court ruled: “Wearing the hijab is not a mandatory requirement in Islam. The importance of a school uniform cannot be undermined merely by invoking the argument of religious freedom.” The ruling drew a negative reaction from the Muslim community as soon as it became public. Criticizing the verdict, Owaisi said: “This is our religion.”
“We will decide for ourselves what we need. Who is this judge to make that decision? This is a direct attack on our religious freedom.”
According to Owaisi, the Allahabad High Court’s ruling directly violates Articles 19 (freedom of expression) and 25 (right to religious freedom) of the constitution. He said the matter of religious practice is already under consideration by the Supreme Court, and that, with the Sabarimala case in mind, the High Court should have refrained from commenting on the issue.
Owaisi also argued that the court’s decision would negatively affect Muslim women’s education. He said Muslim women’s school enrollment rate in Uttar Pradesh is already the lowest in the country, and that this kind of ruling would have a harmful effect there. “Girls wear the hijab on their heads, not in their minds,” the MP said. “Equality doesn’t mean imposing the same rule on everyone.”
The student’s petition to the Allahabad High Court stated that she had worn a hijab along with her uniform at the same school from sixth grade through 10th grade without objection from the school authorities. The problem arose only once she entered 11th grade, after which she approached the court. Her petition argued that every person has the freedom to practice their religion.
She had asked to be allowed to wear a hijab to school as part of her religious belief. The court, however, made clear that any educational institution has the right to set its own discipline and dress code, and that a student cannot demand a change to the dress code based on personal preference. The High Court said there is no religious evidence that wearing a hijab inside a school is an essential religious practice in Islam.
বাংলায় মূল প্রতিবেদন পড়ুন · Read the original Bengali report