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Karnataka Hijab Ban Case: Balancing Religious Freedom (Article 25) With Uniform Dress Codes In Educational Institutions




Aditya Raj, BA.LLB, KIIT School of Law, Bhubaneshwar, Odisha


Introduction


The Karnataka hijab ban controversy, erupting in December 2021, spotlighted the complex intersection of religious freedom and uniform policies within educational institutions. Sparked by denying Muslim girls entry for wearing hijabs, the ban swiftly expanded across Karnataka, igniting protests grounded in Article 25 of the Indian Constitution. Counter-protests, marked by saffron scarves, amplified communal tensions, particularly in sensitive coastal regions. The Karnataka government's subsequent strict enforcement of uniform codes, disallowing religious attire, led to widespread unrest, challenging the balance between equality and religious expression. This pivotal case, addressing religious freedom, education rights, minority rights, secularism, and gender justice, awaits a final verdict.


Background


The hijab ban controversy in Karnataka began in December 2021 when several Muslim girls were denied entry to classrooms in Udupi for wearing hijabs, violating the colleges' uniform policies. This ban soon spread statewide, sparking protests by Muslim students asserting their right to wear the hijab under Article 25 of the Indian Constitution. Hindu students counter- protested with saffron scarves, escalating communal tensions, especially in coastal Karnataka.


On February 5, 2022, the Karnataka government ordered strict enforcement of uniform codes, disallowing religious attire like the hijab to maintain equality and public order. The Karnataka High Court upheld this ban on March 15, 2022, ruling that the hijab is not an essential religious practice under Islam and emphasizing secularism and uniformity in schools.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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