
: Hijab ban: What courts around the world have ruled about religious symbols in school #IndiaNEWS As the Karnataka High Court considers whether women should be allowed into class with hijabs, it is instructive
Hijab ban: What courts around the world have ruled about religious symbols in school #IndiaNEWS
As the Karnataka High Court considers whether women should be allowed into class with hijabs, it is instructive to place the matter in a global context of judicial decisions on wearing religious symbols. From a survey of international judicial reasoning on the issue, there emerges no support to ban hijabs in colleges where students are mature. Secularism demands that restrictions are justified if they apply to all religious symbols to maintain neutrality. That is not the case in Karnataka.Overall, courts around the world agree that curbing religious freedom can be justified only by discharging a very high burden such as the state’s obligation of neutrality, impinging upon the fundamental rights of others, and what is considered by a court to be reasonable in a democratic and secular society. The post-9/11 worldRulings casting suspicion on wearing symbols must also be contextualised. They arise largely in a post-9/11 world of growing Islamophobia and communal tensions in the West that came with rising immigration from war-torn countries. Sometimes, the peculiar Christian history of countries finds favour in decisions. We must therefore be attentive to India’s multicultural context and Constitution to resist easy transplanting global judicial conclusions.The question before the Karnataka High Court is about the hijab (the Islamic headscarf), which unlike niqabs or...Read more
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