Ishfaq-ul-Hassan
NEW DELHI—People’s Union for Civil Liberties (PUCL) study has revealed that the hijab ban has imperilled the right to education of an entire generation of young Muslim students in Karnataka.
Titled `Impact of Hijab Ban in Karnataka’s Educational Institutions’, the PUCL report threw up disturbing narratives which indicated drop-out of students affected by the hijab issue. Therefore, it is important to do a deeper study to understand the students’ learning loss impacted by the hijab issue.
“Overall, a whole generation of young Muslim students’ right to education has been imperilled by the hijab ban. When the state strenuously argued that the hijab was not an essential practice of Islam, and therefore the students’ right to profess their faith under Article 25 was not imperilled, it was wilfully ignoring a whole series of other rights that were imperilled. The right to wear a hijab is not just a right to religious expression but post the judgment in Puttaswamy an integral part of the right to privacy, dignity, autonomy, and expression,” the report said.
The testimonies indicate that a range of rights that are guaranteed to all Indian citizens have been comprehensively violated post the judgment of the High Court of Karnataka.
PUCL report noted that the government had violated several rights, including the “Right to Education without Discrimination, the Right to Equality, the Right to Dignity, the Right to Privacy, the Right to Expression, the Right to Non-Discrimination, and the Freedom from Arbitrary State Action.”.
“It’s important to note in particular the violation of the right to education without discrimination. It is not just a fundamental right but also an obligation of the state under the Directive Principles of State Policy. Under Article 41, the state shall, within the limit of its economic capacity and development, make effective provision for securing the right to education among other rights,” the report said.
PUCL reported that on the hijab issue, it was disconcerting to see that the State of Karnataka completely ignored its constitutional obligation in its single-minded focus on ensuring that the hijab was prohibited in colleges.
“This begs the question of whether the government was ignoring its constitutional obligation,” the report said.
The report said there was also a disregard for what Babasaheb Ambedkar called constitutional morality.
“As he put it in the Constituent Assembly: The question is, can we presume such diffusion of constitutional morality? Constitutional morality is not a natural sentiment. It has to be cultivated. We must realize that our people have yet to learn it. Democracy in India is only a top dressing on Indian soil, which is essentially undemocratic,” the report quoted Babasaheb saying.
The report also referred to Muskan, a young Muslim woman B. Com student, who drove a bike up to her college campus and walked fearlessly past a baying crowd of saffron shawl-wearing bullies on her campus before entering her college.
“Her courage, spirit, and fearless and dignified assertion of her right to freedom of expression, right to education, and right not to be discriminated against was an embodiment of the constitutional principles of Liberty, Equality,” the report said.
PUCL has called on the court to conduct an inquiry into why the state government took such a sudden arbitrary, and unconstitutional action
“The CM should decisively rescind the notification authorizing the prohibition of wearing the hijab. Furthermore, the Karnataka government must take adequate measures to strengthen a secular and non-discriminatory learning environment within colleges, allowing the students to express their faith and identity fully and ensuring that such shocking violations do not recur,” the report said.
PUCL called upon the human rights commission and minority commission to register suo moto complaints against the principals and CDCs of colleges for violating the fundamental rights of the concerned students and initiate actions at the earliest.
“The Legal Services Authority at all levels must intervene in this matter and provide all legal assistance to the students to protect their constitutional rights. Furthermore, the court must issue a directive to the government to conduct a comprehensive inquiry into lost years and expenses resulting from this order and ensure that compensation to the women and their families is paid. Also, the government must allow the students to enter the classrooms immediately, and in consultation with students, arrange special classes for them,” the PUCL report recommended.
PUCL has also called for an inquiry into cases where the CDC had overstepped its mandate and not provided appropriate forms of redress in writing to students and parents who raised concerns and initiated action against them.
