Hijab Ban : Senior Lawyers, Academicians Write Open Letter Condemning Violation Of Constitutional Rights Of Young Muslim Women

​Some of the signatories include Anjana Prakash (Ex High Court judge), Amar Saran (Ex High Court judge), C.S. Dwarakanath (Ex-Chairperson, Karnataka State Backward Classes Commission), Sanjay Parikh (Senior Advocate), Mihir Desai (Senior Advocate), Ashok Agarwal (Senior Advocate), Gayatri Singh (Senior Advocate), Pratiksha Baxi (Professor and Author), Vrinda Grover (Supreme Court Lawyer), Saumya Uma (Professor at Jindal Global Law School), Meera Sanghamitra (Activist and law graduate), Poornima Hatti (Partner, Samvad Partners ), Shahrukh Alam (Supreme Court Lawyer), Arundhati Katju (Supreme Court Advocate) D Geetha (Labour Lawyer, Chennai) Muralidhara (Senior labour Lawyer), Arvind Narrain (Lawyer - Author) Jhuma Sen (Professor and Legal Academic), and Clifton D'Rozario (National Convener, AILAJ).

The letter reads, "We are equally concerned by the interim order of the Hon'ble Karnataka High Court restraining "students regardless of their religion or faith from wearing saffron shawls (bhagwa), scarfs, hijab, religious flags or the like within the classroom.". Post the interim order, we are witness to the public humiliation of Muslim students and staff, who are being forced to remove their hijab before entering schools and colleges, purportedly on instructions of the district administrations. This disrobing of Muslim girls and women in public view is inhuman, derogatory and an affront to the Constitution and amounts to the public humiliation of the entire community. We hang our heads in shame as having failed in protecting their basic right to life with dignity."

Further it is said, "As members of the legal fraternity, we are aware that the framing of an issue gains paramount importance in the understanding of the rights at stake. The Hon'ble High Court has chosen to proceed on an understanding linked exclusively to the right to freedom of conscience, enshrined in Article 25 of the Constitution."

It adds, "The effect of such a decision is the pushing of Muslim women out of education, and an exacerbation of the crisis of education in our country. The denial of education to women on grounds only of wearing the hijab is not a reasonable or proportionate restriction of their rights. The imposition of an absolute uniformity contrary to the autonomy, privacy and dignity of Muslim women is unconstitutional. By virtue of this women have the right to choose to wear hijab, and equally, to choose against the imposition of hijab."

The letter also states that, "Students from other communities have worn various markers of their religion on their body along with the uniform. However, the current attack on the Muslim women's rights is not a novel or an isolated incident, but must be acknowledged to be part of the communal polarization in Karnataka and across the country, with members of minority communities being attacked through lynching, hate speech, witch hunts and mob attacks."

It is claimed, "It must be remembered that the background within which these educational institutions have denied entry to girls wearing hijabs is one of increasing Islamophobia and violence against Muslims, including open calls for genocide, social and economic boycotts, and attacks against inter-faith couples. In this context, the denial of entry to Muslim girls is in furtherance of Islamophobic violence, and must be critiqued in this context."

The signatories have extended full and unconditional support to the young Muslim women in Karnataka who are protesting for their right to an education, and their religious freedom. It prays for, "All stakeholders to adhere to Babasaheb Ambedkar's dream of constitutional morality. It urges the Karnataka High Court to take judicial notice of the public humiliation of Muslim students and staff and immediately pass necessary orders prohibiting any such derogatory practice."

Click Here To Read The Letter