An Indian court ruling upholding a ban on Muslim students wearing head coverings in schools has sparked criticism from constitutional scholars and rights advocates who say judicial overreach threatens religious freedoms in an officially secular nation.
has sparked criticism from constitutional scholars and rights activists who say that judicial overreach threatens religious freedoms in officially secular India.
Before the verdict, more than 700 signatories including senior lawyers and rights advocates had expressed opposition to the ban in an open letter to the chief justice, saying that “the imposition of an absolute uniformity contrary to the autonomy, privacy and dignity of Muslim women is unconstitutional.”began in January when a government-run school in the city of Udupi, in Karnataka, barred students wearing hijabs from entering classrooms.
The verdict relied on what’s known as the essentiality test — basically, whether a religious practice is or is not obligatory under that faith. India’s constitution does not draw such a distinction, but courts have used it since the 1950s to resolve disputes over religion. The lawsuit in Karnataka cited the 2016 Kerala ruling, but this time the justices came to the opposite conclusion — baffling some observers.
Satya Muley, a lawyer at the Bombay High Court, said it’s perfectly reasonable for the judiciary to place some limits on religious freedoms if they clash with dress codes, and the verdict will “help maintain order and uniformity in educational institutions.”
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