An Analysis Of Hijab Ban In India
"Education is the strongest weapon on which one can rely upon to overcome
any obstacle that obstructs one's way to peace and tranquility."
In the case of Smt Resham, D/o K Faruk And Ors v. State of Karnataka And Ors.,
an excerpt from the U.S. Department of Education's MANUAL ON SCHOOL UNIFORMS was
used to emphasise the case's goal:
The first necessity for a good school is a safe and regulated learning
environment. Students who have a sense of safety and security, as well as an
understanding of American values and the fundamentals of good citizenship, are
more likely to succeed in school. Parents, teachers, and school authorities have
come to consider school uniforms as a good and imaginative solution to minimise
discipline problems and promote school safety in the wake of rising school
There are many distinct groups in India, thus taking into account the needs of
everyone is essential. Those that restrict their population the right to
religious expression, such as those in India, are denying them fundamental
rights. Accordingly, the author wishes to proceed with the paper in which it
would provide its opinion on the Hijab Ban by taking into account different
perspectives from various scholars and relevant manuals.
For a country like India, where one of the major tasks facing the then
Government (national leaders) of post-independent India was Nation Building
accommodating various religions, France recently proposed a ban on Hijab instead
of supporting the beautiful expression it gave to the world, Vive La Difference.
Every reader's first query is:
What precisely is a Hijab?
Wearing modest clothing that is in accordance with conservative Islamic
beliefs can be put in simple ways. In various research, it has been found that
the principle of modesty is an important element of the lives of many veiled
Muslim women who wear a Hijab. However, there are a number of other reasons why
Muslims wear their headscarves. Many Muslim women wear the Hijab purely out of
religious need to dress modestly and preserve their Islamic identities, but this
is not the case for all of them.
Many veiled Muslim women, for example, wear the clothing because it "identifies
to others [their] religion commitment and is a forceful affirmation of their
identity," says Droogsma. That's not all; a separate study found that the global
trend of "western dress codes and lifestyles, prompts many Muslim women to
confirm their Muslim identity by wearing the headscarf."
Hijab is also a means of empowerment for women. Studies show that the Hijab is
seen as a tool of empowerment by many Muslim women, contrary to widespread
belief in the West's society that it is used to subjugate women. According to
one survey, Muslim women who wear Hijabs see them as a symbol of empowerment
rather than a restriction on their potential. They wear the Hijab while going to
school, working, raising children, and generally having a good time.
There is a dispute going on about whether or not the wearing of the Hijab as a
form of expression is protected by Article 19(1) a. We cannot, of course, rely
simply on the Supreme Court of the United States of America's decisions when
evaluating a statute that is alleged to violate Article 19(1)(a) of the
Constitution. Consider these if you want to get a handle on what it means to
have freedom of speech and expression in a democracy.
Because of this, the author here would like to point out a paragraph from the
Supreme Court's ruling, (Indian Express Newspapers v. UOI, 1985), which
states that, when interpreting the facet of freedom of speech and expression in
a democratic country, it is not wrong to take into account the precedent set by
US law courts, but rather, the US manuals.
For this reason, a better understanding of the humanity hidden behind a group's
differences is essential in a country as diverse as India, which also happens to
be the world's largest democracy, where one of the primary goals of the nation
building process is to accommodate a wide range of social and religious groups.
Schools are tasked with enhancing the nation's most powerful weapon, education,
among the nation's children. (Regina v. Governors of Denbigh High School -
2006) They also have an important role in promoting tolerance and
understanding between people of different races, religions (and cultures). The
best way to find unity in diversity is by integrating the finest of all faiths
Ending on a positive note, the author would like to emphasise the fact that, in
a country with a constitution that includes the term "secularism" and guarantees
fundamental rights like freedom of speech and expression, the right to practise
any religion one chooses and the right to respect one's private life, it is up
to individuals to express their religious preferences.
India's restrictions on women extend to the Hijab ban. Women are becoming more
self-confident and should be allowed to choose whether or not to wear their
religious identity, according to the author, who is a neutral resident of this
country. It does nothing less than bring out the glimmer in the well-known
idiom: No matter where they are in the globe, women are easy prey to attack.
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