We must preserve syncretic culture, Supreme Court told on hijab ban matter

The Supreme Court was on Monday told that India, which has a 5000-year history of syncretic liberalism, only had one suicide bombing in Pulwama even though Islamic world is rocked by such thousands of such incidents over the years, showing minorities have placed their faith in the country.

Arguing on behalf of petitioners in Karnataka hijab ban matter, senior advocate Dushyant Dave contended before a bench of Justices Hemant Gupta and Sudhanshu Dhulia that we must preserve syncretic culture by allowing the students to practice freedom of conscience and religion under the Constitution by letting them wear hijab in classroom.

Also Read: Karnataka hijab ban: We are not interpreters of Quran, says Supreme Court

He claimed the whole dispute over “love jihad” and now, the prevention of Muslim girls from wearing hijab in educational institutions, reflects a pattern to marginalise the minority community.

"Muslim girls wearing hijab cannot hurt anybody’s sentiments and hijab is their identity," he said.

Dave said the country is built on liberal tradition and there is unity in diversity.

"If a Hindu girl asks a Muslim girl wearing hijab, why is she wearing it? And, she talks about her religion. This is really beautiful," he said.

"The West has already permitted hijab and the American army has also allowed turban. As one cannot quarrel with right of Sikhs to wear turban, similarly one should also have no quarrel with right of Muslim women to wear hijab," he said, stressing that for centuries Muslim women have been wearing hijab in countries across the world.

Dave said hijab is important for Muslim women and it is their faith.

"Somebody wants to wear tilak, somebody wanting to wear cross, everybody has the right and that is the beauty of social life," he submitted, asking how would wearing hijab threaten the unity and integrity of the country.

The bench replied that even the Karnataka High Court judgment does not say that and nobody is saying that.

Also Read: Sibal cites DH report in SC showing 16% dropout of students due to hijab ban

The bench said, the argument here could be self-contradictory, saying the right to wear hijab flows from Article 19 and it can be restricted only under 19(2) of the Constitution only by a statutory law.

Dave submitted that fundamental rights, in this case can be exercised under Article 25 of Constitution.

The bench said some judgements talk about religious practice inside the religious places. Dave, however, said Article 25 uses the words freely practice, profess, and propagate religion, and a person can exercise fundamental rights anywhere, be it a classroom.

Dave said if a Muslim woman thinks that wearing of hijab is conducive for her religion, no authority, no court can say otherwise.

The hearing on the petitions challenging the Karnataka High Court's judgement of March 15 upholding ban on Hijab in pre-university colleges will continue on Tuesday.