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India’s Unconstitutional Hijab Ban
World Hijab Day

India’s Unconstitutional Hijab Ban

By Rumki Chowdhury

Imagine a world where women and girls need to strip themselves bare in order to have the right to education and/or the right to work in a career of their choice. The problem is we no longer need to imagine such a world. In other words, once you strip a hijabi of her hijab, she feels completely bare; a part of her body that she chooses to cover up for the sake of modesty, becomes bare; a part of her identity and pride is stripped away from her. Hijab is her right and there is nothing unconstitutional about it in India. Still, as of March 16th, 2021, after months of debates on the hijab, the court in the southern state of Karnataka, India, banned the hijab in their schools and colleges.

Chief Justice Ritu Raj Awasthi of the Karnataka High Court said, “We are of the considered opinion that wearing of hijab by Muslim women does not form a part of essential religious practice.” He dismissed all petitions challenging his order.

One such petitioner is 18-year-old Ayesha Hajeera Almas, who had stopped attending her college after the hijab was initially banned only within her college in December, 2021.

Since the petitions began, any hijabi or supporter thereof, faced threats, virtually, via phone and in-person. Ayesha is among those girls and women who are constantly having to look over their shoulders when they leave their homes.

Ayesha tells Al Jazeera, “Increasingly, we feel we are living in an India where its citizens are not treated equally, I am fighting for myself, fighting for my sisters, fighting for my religion. I’m scared that there will be changes like this in the whole country. But I hope it does not happen.”

She also tells The Globe and Mail Canada, “When I wear my navy-blue hijab, I feel a sense of pride and safety. I have been wearing it since I was four years old. Now at 18, how can they suddenly tell me to remove it? How will I adjust? It is rare for a girl to be allowed to pursue a career in my community, but my parents have been supportive. I want to become a pilot. But the hijab ban has become another barrier for me. The college is our second home. Every day we hope we will be let back in.”

I find it interesting how she used the word “barrier,” which was forced upon her the millisecond that the court banned hijab. Ironic, isn’t it? A girl or woman cannot fulfill her dreams because she is no longer allowed, by law, to wear her hijab!

“We are a Hindu nation and we do not want to see any kind of religious outfit in educational institutes of the country,” said Rishi Trivedi, President of the Hindu-first group Akhil Bharat Hindu MahaSabh.

Since when does a Hindu nation not want to see religious outfits when men can proudly wear turbans and women wear dupattas (shawls) on their heads on a daily basis? Since when does a Hindu nation not want to see religious outfits when brides wear veils on their wedding days? Since when does a Hindu nation not want to see religious outfits when Hindu, Jain and Sikh women cover their heads and even faces with ghunghat, ghunghta, ghumta, orhni, laaj, chunari, jhund, kundh…whatever you call it, it’s basically the same as a hijab?!

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“The hijab is not allowed in the defense forces, police, and government offices, then why the insistence on hijab in schools and colleges?” said VHP’s Gujarat secretary, Ashok Raval. “It is an attempt to raise communal tensions.”

Tensions? What kind of threat does a piece of cloth on a woman’s head raise for you? What kind of threat does a woman who chooses to dress modestly pose to you? If you haven’t guessed already, my questions are all rhetorical.

Lawyer, Anas Tanwir told Al Jazeera, “I believe it is a wrong interpretation of the law. As far as essential religious practice is concerned, [that] should not have been the question. The question should have been whether the [authorities] had the power to pass such orders.”

About the Author



Rumki Chowdhury is Editor of World Hijab Day Organization. Moreover, she has her own editing services. She is an award-winning published author. She has an MA in English Literature from Queen Mary University of London, a BA in English Writing from William Paterson University of New Jersey and an English Subject Teaching Degree from Gävle Högskolan in Stockholm, Sweden. She speaks Bengali and Swedish fluently! She has years of experience in the media and publishing worlds. Rumki lives with her husband and their three daughters. Follow her journey on Instagram @rumkitheauthor

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