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The hearing in the hijab case was held in the Supreme Court on Monday. Interesting arguments ensued. The case is of Karnataka, where the High Court has continued the government’s order that one has to wear uniform in the college premises. Hijab or head scarf will not do.
When the lawyer argued that can any religious practice be stopped in the name of uniform? Justice Gupta questioned that just as it is a question whether wearing a scarf can be a religious practice or not, similarly the question is whether the government can regulate the dress code or not?
When a lawyer said that in this court also people have been practicing wearing turbans, then the judge said – don’t mix turban with religion. It can be worn by a person of any religion. The turban was worn in the royal houses. It has nothing to do with religion.
23 petitions have been filed in the Supreme Court against the Karnataka High Court’s decision on the Hijab controversy. These were filed in March. Senior advocates Rajiv Dhawan, Dushyant Dave, Sanjay Hegde and Kapil Sibal are also appearing for the petitioners.
Anyway, our country is secular. Can religious clothing be worn in a government institution in a secular country? Like if you go to the golf course and there is a dress code, can you say that I will go wearing the clothes of my choice?
The debate is interesting and also logical. True, if there is a uniform prescribed somewhere, then you cannot call it redundant in the name of religion. You should respect and wear that uniform.
Tomorrow a cricketer, no matter how good a batsman he is or how smart a bowler he is, says that if I play cricket wearing Bermuda, will he be able to do it? No. Because the Cricket Council will not allow it at all. Should not be given. Then how can one come to a school and college wearing a hijab? The logic goes like this.
The hearing was held on September 5 in the Supreme Court in the bench of Justice Hemant Gupta and Justice Sudhanshu Dhulia. Justice Gupta said that the dress code is applicable in public places. Recently, a female lawyer came to the Supreme Court wearing jeans, she was immediately refused.
However, the hijab controversy is old and may have political implications as well. Maybe some party line is also working behind it, but logically, it is a pointless issue. If the uniform is fixed then it should be followed. Whether it includes the hijab or is banned at all!
Otherwise, people will start coming to an educational institution wearing so many types of clothes that it will be difficult to recognize. Someone will come with a tilak. Wearing a dhoti. Some will walk on lungi and some in burqa. There will be no limit to the institution or its uniform.
On March 14, the Karnataka High Court ruled on the hijab controversy, holding that hijab is not a mandatory part of Islam. The High Court had further said that the students cannot refuse to wear the prescribed uniform of the school or college.
Therefore it should be that whatever the religion is, he should follow it unopposed, but keep it confined to his home, society and religious places. If you are going to educational institutions, then you must follow the limits there. If all the religious people follow it, then no reason for controversy will arise. This is the path which we can easily understand and follow successfully.