Karnataka Principal's Best Teacher Award withheld over hijab ban row: An Indo-global perspective on religious freedom in the education system

The Karnataka state government on Thursday withheld the ‘Best Teacher’ award that had been announced for the principal of a government pre-university college following controversy over his alleged involvement during the Karnataka hijab ban row in 2022.

The award was initially conferred to BG Ramakrishna, principal of the Kundapur government pre-university college in Udupi, during the Teacher's Day celebrations on Thursday, September 5th. However, the decision sparked backlash on social media and drew criticism from members of the Social Democratic Party of India (SDPI).

The issue quickly escalated into a political controversy in the state, with various factions expressing differing opinions on the government's move. Ramakrishna has been accused of asking Muslim students who were wearing headscarves to stand outside the college premises 2022, a move that allegedly violated the students' rights and stirred public debate at the time. The government's decision to suspend the award has reignited the debate surrounding the hijab controversy.

The debate over whether students should be allowed to wear hijab in Indian schools is a contentious issue that intertwines religious freedom and constitutional rights of students as citizens.

As a secular and pluralistic, multicultural country, India guarantees the freedom to practise and express one’s religion under Article 25 of the Constitution. The article ensures that all individuals have the right to freely profess, practise, and propagate their religion but subject to public order, morality, and health.

India at a crossroads over debate on religious freedom in educational institutions
Recent controversies in Karnataka and Mumbai about wearing hijab have shed spotlight on India's rather controversial standpoint on religious freedom within educational institutions with the principles of uniformity and secularism weighed against the constitutional right to religious expression.

Hijab controversy in Karnataka
The Karnataka hijab controversy erupted in early 2022 when a group of Muslim girls in Udupi district were denied entry into their pre-university college because they were wearing hijabs.

The administration argued that the hijab violated the school's uniform policy, which required all students to wear the same uniform without any additional religious clothing or symbols. The girls protested the decision, stating that wearing the hijab was an essential part of their religious identity and a matter of personal faith.

As the protest gained momentum, the controversy sparked heated discussions across the country. Supporters of the ban argued that educational institutions must maintain uniformity and that allowing religious symbols, such as the hijab, could disrupt the secular fabric of the school environment.

On the other hand, opponents claimed that the ban violated the girls' constitutional right to religious freedom and was an unjust attempt to marginalise Muslim students.

The matter was eventually taken to the Karnataka High Court, which ruled in favour of the state government’s directive to enforce the uniform dress code, thereby banning the hijab in classrooms. The court argued that wearing the hijab was not an essential religious practice under Islam and that educational institutions had the right to prescribe uniforms for all students. However, the case is currently pending in the Supreme Court, where it will likely set a precedent for similar cases in the future.

Hijab ban: Mumbai, a case in point

Earlier this year, the Bombay High Court dismissed a plea by nine students from the NG Acharya and DK Marathe College in Maharashtra’s Chembur. The petitioners challenged their college's dress code, which prohibited wearing hijabs, burqas, niqabs, and other religious identifiers on campus. The students argued that the dress code infringes on their rights to religious freedom and education, claiming that the college lacks the authority to impose such restrictions, particularly when they disproportionately affect minority communities. They cited violations of Article 19(1)(a) (Right to Freedom of Expression) and Article 25 (Right to Freedom of Religion) of the Indian Constitution.

However, the college administration defended the dress code, stating it applies uniformly to all students, regardless of their religion or community, and aims to avoid revealing students' religious identities. They relied on a 2022 Karnataka High Court ruling, which declared that wearing the hijab or niqab is "not an essential religious practice" in Islam.

The Bombay High Court upheld the college's stance, rejecting the students' argument that wearing the hijab is an "essential religious practice." The court emphasised that the dress code applies equally to all students, irrespective of "caste, creed, religion, or language," and does not violate University Grants Commission (UGC) regulations. The court held that the institution's right to maintain discipline and its broader rights outweigh a student's choice of dress, as the primary purpose of attending the institution is academic advancement.

Wearing religious attire in schools: A global Perspective

To understand how the issue of the hijab in schools is handled globally, it's essential to examine the policies of international schools where the hijab is often allowed. In countries with significant Muslim populations or those that embrace multiculturalism, such as the United Kingdom, Canada, and the United States, students are generally allowed to wear religious symbols, including the hijab, in schools. These countries consider the right to wear religious attire a fundamental aspect of individual freedom, promoting inclusivity and respect for diversity within the education system .

United Kingdom

In the United Kingdom, for instance, schools largely allow students to wear the hijab as part of their uniforms. The country’s legal framework supports religious freedom, and schools are encouraged to be inclusive of various religious practices. Some schools have specific guidelines around the colour or style of the hijab to match the uniform, but there is rarely a complete ban on wearing it.

US and Canada

Similarly, in Canada and the United States, educational institutions allow students to wear religious clothing, including the hijab, under their respective constitutional protections of freedom of religion. In fact, several court cases in the US have upheld the right of Muslim women to wear the hijab in schools and workplaces, reinforcing that religious expression should not be hindered by institutional policies.

Malaysia and Indonesia

In countries like Malaysia and Indonesia, which are predominantly Muslim, wearing the hijab in schools is not only allowed but also encouraged in many institutions. In these countries, the hijab is seen as a symbol of religious identity and personal choice, and educational institutions respect students’ rights to adhere to their faith.

France

In contrast, France has taken a stricter stance towards religious symbols in public institutions, including schools. In 2004, France passed a legislation prohibiting the display of conspicuous religious symbols, such as the hijab, in public schools. This law was enacted to ensure secularism in public institutions. The 2004 ruling in France remains in effect today, continuing to prohibit the wearing of the hijab and other religious coverings in all public spaces, including schools, government offices, and even beaches. However, these measures have been criticised for marginalising religious minorities and limiting personal liberties.

How does India balance religious freedom and social uniformity?
In the context of India’s secular framework, the question of whether schools should allow the hijab is deeply tied to the interpretation of secularism and religious freedom. India’s secularism is unique in that it allows for the coexistence of multiple religions and ensures that the state does not interfere with religious practices. However, this pluralistic model also raises challenges when religious practices intersect with institutional policies, such as school uniforms.

Supporters of allowing the hijab in schools argue that it is a matter of religious freedom and personal choice, protected by the Constitution. They believe a ban could marginalise Muslim students and increase societal divides in a multicultural nation like India.

Opponents argue that school uniforms promote equality and cohesion, and that visible religious symbols, like the hijab, may disrupt the neutral environment of educational institutions.

The way forward for Indian education system

With the Karnataka High Court's judgement on the hijab ban currently under challenge in the Supreme Court, the question of whether schools in India should allow students to wear the hijab remains complex and unresolved, as it delves into core issues of religious freedom, secularism, and educational equality.

While some Indian states and schools have attempted to ban the hijab in the name of uniformity, these actions have been met with strong opposition from those who see them as a violation of constitutional rights. In contrast, many countries around the world take a more inclusive approach, allowing students to wear religious attire as part of their individual liberties. To avoid marginalising students in India, religious freedom and secularism must be balanced.