The Constitution of India declares India a secular state. It allows its citizens to live with their religious beliefs and practices. Indian Constitution assures fundamental rights which are based on secular principles.
Article 25 of the Constitution provides freedom to practice religion and Article 15 prevents any discrimination on basis of gender, religion, caste, etc.
To maintain unity in diversity, harmony, and to prevent persecution of minorities from tyranny of majority, India opted for secularism and gave special power (judicial review) to the judiciary to protect rights of a person if violated.
It should be understood that India is not following total separation of religion from politics but Indian secularism works on two strategies: Strategy of non-interference and strategy of Interference. In the first it allows citizens to practice their religions and the state will not interfere.
In the latter it interferes if one’s practice leads to discrimination, violation of others’ rights: for example, the sate abolished the practice of untouchability, triple talaq, etc.
Recently, Muslim students who wear hijab were barred from classes in Karnataka Udupi and these girls then started protesting against the move.
The government defended this hijab ban in the name of secularism, that one does not have to show religious identity in schools.
But hijab is not violating freedom of others and not representing any threat, hence Indian state has to follow here the policy of non-interference. The government is dictating everything here like a dictator.
It should let people decide on their own in a democracy. The supporters of the hijab ban are arguing for maintaining uniformity in schools, but by taking away all identities of students. People have different identities. The uniformity does not break by gender coded uniforms.
Indian uniformity is based on unity in diversity, which leads to equality. One important thing here is that all Muslim girls are wearing uniform, so not breaking rules or uniformity, but at the same time are covering their head just like Sikhs wear turban, married girls put sindoor, which are visible markers of identity. Hijab ban is also Islamophobia.
Islamophobia as we know is hatred toward Muslims. It leads to name calling, hijab pulling. Muslims are being humiliated, heckled, discriminated because of their religious identity and practices. We have seen how Muslims were used as scapegoats during Covid. This Islamophobia is gendered also.
There is a construction of Muslim women as oppressed, hence should be liberated. In a recent circulated video, a girl in hijab is seen as parking her Scooty and walking to school, when from the other side boys wearing saffron scarves humiliate her and heckle her. (Kashmir Reader)
