2022 Karnataka hijab row

At the beginning of January 2022, a dispute erupted in the Indian state of Karnataka, when some Muslim students wearing hijab in a junior college were denied entry to classes. Over the following weeks, it spread to several other schools and colleges across the state. On 5 February 2022, the Karnataka government issued an order stating that uniforms must be worn compulsorily where policies exist and no exception can be made for the wearing of the hijab. Several schools cited this order and denied entry to Muslim girls wearing the hijab. Following this, petitions with regard to this issue were filed in the Karnataka High Court. The High Court issued an interim order restraining all students from wearing any form of religious attire. On 8 February 2022, the Government of Karnataka announced the closure of high schools and colleges for three days after protests and disputes over the wearing of hijab intensified. When the schools reopened on 14 February 2022, the High Court order was implemented in all schools and colleges of Karnataka, asking the students to remove hijabs and burqas at the school gates.

The hijab ban was criticized inside India and internationally by officials in the United States and Pakistan, by Human Rights Watch, and by figures like Malala Yousafzai and Noam Chomsky. The ban was defended inside India by politicians such as Aaditya Thackeray and Vishva Hindu Parishad.

Background

The education system of Karnataka involves 10 years of school and two years of pre-university college ("PU college"). Using powers conferred under the 'Karnataka Education Act, 1983', Sec. 145(1), the Government of Karnataka empowered recognised educational institutions to decide on uniforms for their students. For school students, uniforms are mandated by the state government, even though schools are able to choose the colours. For PU colleges, uniforms were not mandated by the government, but, over time, most college development committees (CDCs) have adopted them according to a PU department official. In 2017, the department issued a direction to all PU colleges saying that PU students should not be asked to wear uniforms. College managements that already had uniforms questioned the direction saying that the students and parents were happy with them. The direction was still found on the PU Education Department website in February 2022, but it does not appear to have been enforced.

Muslims constitute 13 per cent of the population of the state of Karnataka. Muslim women in the state are accessing public education in ever-increasing numbers. Data shows that the Gross Attendance Ratio of Muslim women in higher education rose from about 1 percent in 2007-08 to a high of about 16 percent in 2017-18. Many Muslim women consider hijab to be a part of the Islamic faith. In India, the public display of religious symbols is common, including the wearing of hijab and burqa. Several colleges in Karnataka reported that a small number of Muslim students have "always" worn the hijab in classroom. M Raghupathy, who was Karnataka's education minister in a Janata Party government in the 1980s, said that the government's uniform mandates had allowed both the hijab and the Christian nun's habit. He said that the Bharatiya Janata Party had not objected to the hijab back then.

According to BBC, the coastal belt of Karnataka has seen protests over hijab in the past but such issues were often quickly resolved. Not all cases were easy, however. A second-year PU student at Moodbidri was disallowed from attending classes for an entire year in 2011–12 due to her insistence on wearing hijab. There have also been instances of Hindu students protesting with saffron scarves to oppose Muslim students being allowed with hijab or burqa in classes. The Muslim women were said to have been anxious that their parents would not allow them to go to college without their religious clothing.

Since 2019, Karnataka has been governed by the Hindu nationalist Bharatiya Janata Party (BJP). It has adopted popular Hindu nationalist policies such as banning cow slaughter and passing an "anti-conversion bill" that critics say makes it difficult for interfaith couples to marry or for individuals to convert to Christianity or Islam.

Events

Udupi dispute

In early January 2022, a dispute over the wearing of the hijab was reported at a government-run Pre-University College for Girls at Udupi that had disallowed the wearing of hijab as being in violation of its uniform policy. Six Muslim female students insisted on wearing hijab to classes on top of their college uniform. The college said its uniform policy did not allow for the hijab. The girls offered to use the existing uniform's dupatta to cover their head, arguing they didn't need to wear a separate hijab of a different colour or material, but the college refused. The college allowed them to wear the hijab on campus, but did not allow them into classes. They were found sitting in corridors and working with their notebooks.

The case was brought to the attention of the media by Ansar Ahmed, the district president of Karnataka Rakshana Vedike, a voluntary organisation. The student wing of Islamic organisation Popular Front of India (PFI), called Campus Front of India (CFI), threatened a protest, prompting the college to arrange a police presence. The political wing of PFI, the Social Democratic Party of India (SDPI), is also said to have threatened protests. The college authorities met and talked with the parents but remained firm in their resolution not to allow religious attire.

What caused the students' change of mind on the hijab issue is uncertain. They admit to having attended the first year of class as per the college's no-hijab policy. They went to campus in burqas and removed them in a "ladies room" before going to classes. One of the students also said that the parents were told about this when they joined the college in 2020. Others were doubtful. When the classes moved to online due to Covid, the issue died down. With the on-campus classes resuming in September 2021, some of the students asked for permission to wear the hijab, which was denied on the grounds that every one must wear a "common uniform". In October 2021, two of them took part in an anti-rape protest and a photograph of the event was circulated. This brought their situation into focus to their parents as well as CFI. An investigation by the Udupi Police reported that CFI had approached the parents and offered help to challenge the college management. According to one of the students, the agreement "mentioned a compulsory uniform and said nothing about a hijab". So, the six students and their parents decided to insist upon hijab.

According to the federated Muslim organisation Muslim Okkoota that is active in the district, PFI and its allied organisations used the students "for their benefit". The students' hijab protest seemed to be a ploy for the political wing (SDPI) to strengthen its support base. Some of the protesting parents and relatives are active members of SDPI and other PFI affiliates.Template:Sf The SDPI had just won six seats in the local body elections, which was termed a major triumph. Muslim Okkoota claims to have tried to resolve the dispute locally by talking to the college authorities, the parents and the CFI, but the CFI chose to publicise the issue by circulating photographs of students stranded outside classes, provoking the college and the BJP leaders to harden their stand. By the end of December, "nobody was in the mood for a compromise".

The college development committee, which is responsible for setting the uniform policy, was headed by K. Raghupati Bhat, an MLA belonging to the ruling BJP. Its 21 members did not include any Muslims. After the dispute erupted, Bhat held a meeting with parents of all students on 1 January and declared that the college would continue with its uniform code, which does not allow for hijab. The CFI and SDPI took the position that, since uniforms were not mandated by the government, they could not violate the students' religious rights. Bhat told the media that the college had written to the Pre-University Education Department of the state government to clarify the matter. Thus, the matter was escalated to the state government level.

Other locations

Soon after the Udupi episode became public, at a co-educational first-grade college in Koppa in the Chikmagalur district, where hijabs were being allowed, Hindu students started wearing saffron scarves to the college to protest the allowance of hijab. The college asked the Muslim students to remove hijab in classrooms in order to deflect the crisis. The matter was resolved a few days later at a parent-teacher meeting where it was decided to allow Muslim girls with hijab. The parents of the Hindu students did not support their wards donning saffron scarves.

During the rest of January 2022, the row over hijab has spilled over to other institutions in the Udupi district. On 6 January 2022, Hindu students wore saffron shawls to protest against the hijab at Pompei College in Mangalore. The protests were supported by the Hindu nationalist organizations ABVP, VHP and Bajrang Dal. On 3 February 2022, Hindu students wearing saffron shawls prevented hijab-wearing Muslim students from entering Dr BB Hegde College near Udupi.

Government reaction

The ministers of Bharatiya Janata Party-led Karnataka government reacted to the incidents with apparent distaste. The education minister B. C. Nagesh termed it as an "act of indiscipline". The students could not practise their "religion" in public educational institutions, in his view. The uniform had been present for over three decades and there had been no problem with it till this point, he said. He blamed "political leaders", an apparent reference to the PFI, for provoking the students, who were allegedly "playing politics". Home Minister Araga Jnanendra said that there must be a universal feeling in schools and colleges that "we are all Indians", which required that the uniform code set by colleges be followed.

On 27 January 2022, the government announced the setting up of an expert committee to study the issue. Until its decision was made, the government urged the students to maintain the "status quo". For the Udupi PU College students, the "status quo" apparently meant that they should "adhere to the uniform rule". The government issued an order to this effect. The CDC chairman Raghupati Bhat called a meeting with parents and told them that the students should remove the hijab in the classroom.

On either 3 February or 4 February 2022, the government issued an order stating that the uniforms mandated by college development committees must be worn "compulsorily". Students following religious tenents adversely impacted "equality and unity" in colleges, according to the order. The preamble stated that a ban on hijab was "not illegal", and cited three court orders from Kerala, Bombay and Madras High Courts. For those colleges where the CDCs did not mandate a uniform, the students must still wear attire that maintains "equality and unity and doesn't hamper public order". The order mentioned that the uniform were to be decided by the state government in government schools, and by the school management in private schools. Several schools cited this order and denied entry to Muslim girls wearing the burqa.

Fallout

At the Dr BB Hegde College, where the hijab-wearing students were blocked the previous day, the college administration banned the hijab on 4 February, citing the government order. The students had apparently been wearing hijab for three years at the school without issue. Bhandarkars' Arts & Science College also banned the hijab; some of its female Muslim students found their college's treatment "humiliating".

At a college in Kundapur, 28 students wearing hijab were barred from entering the college premises on 3 February. The students were very anxious because their public exams were just two months away. The Telegraph commented that their "tearful pleas fell on deaf ears".

On 8 February 2022, Mahatma Gandhi Memorial College prevented students in hijab from entering, even though multiple students said the college had not objected to her hijab in the past.

The dispute then began to spread to other institutions across Karnataka, between Muslim students wanting to wear hijab and the administrations barring them. The controversy intensified in early February 2022.

Between 4 and 7 February 2022, counter-protests led by students who were against allowing students wearing the hijab to enter the college. These students marched to the college wearing saffron shawls. However, authorities stopped them from entering the premises and asked the students to remove the shawls. The students were allowed in only after they complied with the request.

On 7 February 2022, some students wore blue shawls and chanted Jai Bhim at a college in Chikmagalur in support of Muslim girls in hijab (as opposed to the saffron shawls that were against the wearing of hijab).

On 10 February 2022, a lone Muslim woman, named Muskan Khan, clad in a burqa was heckled on her college grounds in Mandya by a crowd of male Hindu students wearing saffron shawls and chanting "Jai Shri Ram". She responded back shouting "Allahu Akbar", while the college staff controlled the crowd and escorted her into the building. A video of the incident went viral. The treatment of Muskan Khan was condemned by many notable figures, including by actors John Cusack, Pooja Bhatt, Fakhre Alam, and footballer Paul Pogba.

On 8 February 2022, the Government of Karnataka announced the closure of high schools and colleges for three days, after the controversy over the wearing of hijab by Muslim students intensified. The Bangalore Police prohibited protests and agitations from 9 February until 22 February within the vicinity of any educational institution. Two Muslim men were arrested when they were found carrying lethal weapons during a protest. Three others managed to flee.

Court case

Several students from the Government Pre-University College for Girls, Udupi, petitioned the Karnataka High Court against the ban, stating that wearing the burqa was their religious right.

On 9 February 2022, a single judge hearing the case referred the matter to a larger bench.

A three-judge bench headed by Chief Justice Ritu Raj Awasthi passed an interim order on 11 February. It requested the State to re-open the educational institutions and restrained students from wearing any sort of religious clothes in classrooms until the court decided the matter.

College development committees

During the hearing on 16 February 2022 (Day 5), the senior advocate of the petitioners, Ravivarma Kumar, challenged the legality of the college development committees, which are said to have been empowered to decide on uniforms. He said the CDCs were not recognised by either the Karnata Education Act or the Rules issued under it. He also questioned the propriety of the CDCs being chaired by MLAs, who are subject to a political party and ideology. He contended that MLAs (legislators) could not be given executive functions.

The Advocate General of the state responded to the criticisms during the hearing on 18 February 2022 (Day 7). He said that CDC consisted of the local MLA as the President, a person appointed by them as the Vice-President, and representatives of parents and students as well as the college principal and the lecturers' representatives. He said that the CDCs were constituted under directions given by the state government per sectiotn 133(2) of the Karnataka Education Act. He also contended that MLAs could perform executive functions under the Westminister form of governance.

Violence

Dilip, a shopkeeper in Karnataka was attacked by a mob of 300 people. He was dragged out of his shop and was attacked and was also stabbed with a sharp weapon. This was allegedly because the person posted a WhatsApp status against the hijab. He survived the attack and is being treated. The police detained 3 people.

Naveen and his mother Sarojamma were also attacked in the village of Nallur, by an angry mob of around 300 masked people bearing deadly weapons because of a WhatsApp status opposing the hijab. This incident was captured on CCTV.

A Bajrang Dal activist who took part in the anti-hijab protests of Hindu students was found murdered in the Shivamogga district on 21 February 2022. Investigations were ongoing. The Home minister said that no connection had yet been found between the protests and the murder.

Reactions

Domestic

• Apoorvanand, a professor of Hindi at the University of Delhi, called the controversy a part of a larger project in which "Muslim identity markers are being declared as sectarian and undesirable in public spaces", noting that "it is telling Muslims and non-Hindus that the state will dictate their appearance and their practices".
• Rahul Gandhi, the leader of the opposition Indian National Congress party, criticized the government and said "By letting students' hijab come in the way of their education, we are robbing the future of the daughters of India. Prohibiting hijab-wearing students from entering school is a violation of fundamental rights."
• Aaditya Thackeray, state minister of Maharashtra, told journalists that if there was a uniform at schools, there should not be a place for any other dress other than that, saying, "Schools and colleges are the Centres of education, only education should be imparted there".
• Muslim Rashtriya Manch (MRM), the Muslim wing of the Rashtriya Swayamsevak Sangh (RSS):
  • In a statement, Anil Singh, the Prant Sanchalak (Awadh) of the MRM backed the burqa-clad student who was heckled by youth shouting 'Jai Shri Ram' slogans at a Karnataka college, saying ‘purdah’ is part of Indian culture.
  • The MRM distanced itself from Singh's statement and said that it does not support such "fanaticism and religious frenzy" and supported the enforcement of dress code in educational institutions in Karnataka.
• Vishva Hindu Parishad - Dr Surendra Jain, joint secretary of Vishwa Hindu Parishad termed the hijab row "a conspiracy to propagate jihadi terrorism" and said that Muslim students were attempting "hijab jihad" on college campuses.
• Madhya Pradesh Education Minister Inder Singh Parmar (BJP) said "Hijab is not a part of uniform and, therefore, I feel it should be banned". The Madhya Pradesh government clarified that no proposal to ban the hijab was under consideration.
• Education ministers in BJP ruled Himachal Pradesh and Tripura said their governments currently had no plans for a uniform dress code.
• Education ministers of Maharashtra and West Bengal, both states ruled by opposition parties, accused the BJP of "politicising" the school uniform. West Bengal education minister promised his state would "never" implement a hijab ban. Maharashtra education minister maintained the Indian Constitution gave freedom of religion. Rajasthan Education Minister Bulaki Das Kalla said his state doesn't restrict the hijab and accused the BJP of "mak[ing] issues out of non-issues".
• Sonam Kapoor – She shared an Instagram picture of a man in a turban and a woman in a hijab, and it questions why can a turban be a choice but a hijab can't.
• Sadhvi Pragya, an MP from the BJP, said that there is "no need to wear hijab anywhere" and that only those who are "not safe in their houses need to wear Hijab". She also said that there is no need to were a hijab when in the company of the Hindu community, especially at educational institutions.
• Arif Mohammad Khan, a BJP leader and governor of the state of Kerala, stated that the Hijab is not a part of the five essential practices of Islam, and since Article 25 of the Indian constitution covers only essential, intrinsic and integral practices, it shouldn't apply to the wearing of the hijab. He also added that following the ban on triple talaq, Muslim women are "having a sense of freedom" and are "pursuing education" and "joining great career" and that the ongoing row is "not a controversy but a conspiracy" and a "sinister design" to push back Muslim women, especially young girls.
• Kerala CM Pinarayi Vijayan strongly condemned the hijab row in Karnataka: "This shows how dangerous communalism is for our country. Educational institutions should be places to nurture secularism. Instead, efforts are made to inject communal venom in young children."
• Kamal Haasan stated, "What's happening in Karnataka shouldn't be allowed in Tamil Nadu."

International

• The United States Ambassador-at-Large for International Religious Freedom Rashad Hussain described the hijab ban was a violation of freedom of religion.
• The National Assembly of Bahrain condemned the hijab ban, calling for an end to discrimination against Muslims in India.
• Kuwaiti MPs joined international criticism of hijab row; demanding for Kuwait to ban BJP leaders from entering the country.
• Pakistani Foreign Minister Shah Mahmood Qureshi accused India of denying Muslim girls their right to education.
• Taliban spokesman Inamullah Samangani praised the college girls for wearing hijab and defending their religious values.
• Human Rights Watch criticized the ban as a violation of the right to education without discrimination.
• Malala Yousafzai tweeted that it is terrible to prevent girls wearing hijab from entering school. She said that there were still objections against women in the matter of dressing more or less and demanded that Indian leaders should stop the process of separating Muslim women from the mainstream.
• Paul Pogba slammed Hindu mob for harassing Muslim girls in hijab by sharing an Instagram story.
• Noam Chomsky said that Islamophobia has taken a "most lethal form" in India, turning some 250 million Indian Muslims into a "persecuted minority".
• Rezaul Karim, president of Islami Andolan Bangladesh, said that It is the violation of religious and civil rights.
• The Organisation of Islamic Cooperation voiced 'deep concern' over the hijab ban.

Ministry of External Affairs, India

• Reacting to the American response on the controversy, the MEA's spokesperson said that the matter "is under judicial examination" and that the issue will be resolved according to "constitutional framework and mechanisms" and "democratic ethos and polity". He stated that "motivated comments" on India's internal issues "are not welcome".
• Reacting to the statement by the General Secretariat of the OIC, the MEA's spokesperson termed the statement "motivated and misleading" and the OIC Secretariat's mindset "communal". He also said that the "OIC continues to be hijacked by vested interests to further their nefarious propaganda against India. As a result, it has only harmed its own reputation."

External links

• Karnataka Government Order on Dress Code for Students (Translated to English), Supreme Court Observer (scobserver.in), 14 February 2022.