Soon after the Karnataka High Court dismissed all the student petitioners’ pleas against the ban on hijab in educational institutions in Karnataka, AIMIM chief and Hyderabad MP Asaduddin Owaisi took to Twitter to convey that he disagrees with the judgment and also mentioned that it was his right to do so. In a series of tweets, Owaisi put out 14 points in response to the court’s order.
In his tweet, Owaisi said, “I disagree with Karnataka High Court's judgement on #hijab. It’s my right to disagree with the judgement & I hope that petitioners appeal before SC, I also hope that not only @AIMPLB_Official but also organisations of other religious groups appeal this judgement as it has suspended fundamental rights to freedom of religion, culture, freedom of speech and expression.”
In tweets that followed, Owaisi said for a devout Muslim, Hijab is an act of worship which has been mentioned in the preamble of the Indian constitution. “Preamble to the Constitution says that one has LIBERTY of thought, EXPRESSION, belief faith, and WORSHIP....If it is MY belief & faith that covering my head is essential then I have a right to EXPRESS it as I deem fit. For a devout Muslim, Hijab is also an act of worship.”
Owaisi also said that it is time to review the essential religious practice test. He also said it is absurd that judges can decide essentiality. “It’s time to review the essential religious practice test. For a devout person, everything is essential & for an atheist nothing is essential. For a devout Hindu Brahmin, janeu is essential but for a non-Brahmin it may not be. It is absurd that judges can decide essentiality.”
“Not even other people of the same religion have the right to decide essentiality. It is between the individual & God. State should be allowed to interfere in religious rights only if such acts of worship harm others. Headscarf does not harm anyone,” he added.
Owaisi also went on to say that banning the headscarf will prevent them from accessing education. He also questioned how a uniform can ensure uniformity. “Banning headscarf definitely harms devout Muslim women and their families as it prevents them from accessing education. The excuse being used is that uniform will ensure uniformity. How? Will kids not know who’s from a rich/poor family? Do caste names not denote background?”
In tweets that followed, Owaisi pointed out how the Modi government had welcomed the Ireland government’s decision to change the rules for police uniform to allow hijab and turbans. He also called out the government’s double standards. “What does uniform do to prevent teachers from discriminating? Globally, the experience has been that reasonable accommodations are made in school, police & army uniforms to reflect diversity. When Ireland’s govt changed the rules for police uniform to allow hijab and Sikh turban, Modi govt welcomed it. So why double standards at home & abroad? Hijab and turbans of the uniform’s colours can allowed to be worn.”
The Hyderabad MP who has evolved into a prominent face for the Indian Muslim community mentioned that what is happening is a mass violation of civil rights. “What is the consequence of all of this? First, govt created a problem where none existed. Children were wearing hijab, bangles, etc & going to school. Second, violence was instigated and counter-protests were held with saffron turbans. Are saffron turbans “essential”? Or only a “reaction” to hijab? Third, GO & HC order suspended fundamental rights. We saw media, police & admin harass hijab wearing students & even teachers. Kids have been even banned from writing exams. It’s a mass violation of civil rights.”
Owaisi claimed that the judgment has targeted one religion and forced kids to choose between education and Allah’s commands. “Lastly, this means that one religion has been targeted & its religious practice has been banned. Article 15 prohibits discrimination based on religion. Is this not a violation of the same? In short, HC order has forced kids to choose between education & Allah’s commands.”
Earlier in the day, a bench of the High Court comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi said, “We are of the considered opinion that wearing the hijab by Muslim women does not come under essential practices under Islam.”