Indian scholars, activists criticize school hijab ban ruling

The dispute began in January when a government-run school in the city of Udupi, in Karnataka, barred students wearing hijabs from entering classrooms. (AP)
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Updated 02 April 2022
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Indian scholars, activists criticize school hijab ban ruling

  • Muslims protested, and Hindus staged counterdemonstrations
  • Soon more schools imposed their own restrictions, prompting the Karnataka government to issue a statewide ban

NEW DELHI: A recent court ruling upholding a ban on Muslim students wearing head coverings in schools has sparked criticism from constitutional scholars and rights activists amid concerns of judicial overreach regarding religious freedoms in officially secular India.
Even though the ban is only imposed in the southern state of Karnataka, critics worry it could be used as a basis for wider curbs on Islamic expression in a country already witnessing a surge of Hindu nationalism under Prime Minister Narendra Modi’s governing Bharatiya Janata Party.
“With this judgment, the rule you are making can restrict the religious freedom of every religion,” said Faizan Mustafa, a scholar of freedom of religion and vice chancellor at the Hyderabad-based Nalsar University of Law. “Courts should not decide what is essential to any religion. By doing so, you are privileging certain practices over others.”
Supporters of the decision say it’s an affirmation of schools’ authority to determine dress codes and govern student conduct, and that takes precedence over any religious practice.
“Institutional discipline must prevail over individual choices. Otherwise, it will result in chaos,” said Karnataka Advocate General Prabhuling Navadgi, who argued the state’s case in court.
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 court’s chief justice, saying, “the imposition of an absolute uniformity contrary to the autonomy, privacy and dignity of Muslim women is unconstitutional.”
The dispute began in January when a government-run school in the city of Udupi, in Karnataka, barred students wearing hijabs from entering classrooms. Staffers said the Muslim headscarves contravened the campus’ dress code, and that it had to be strictly enforced.
Muslims protested, and Hindus staged counterdemonstrations. Soon more schools imposed their own restrictions, prompting the Karnataka government to issue a statewide ban.
A group of female Muslim students sued on the grounds that their fundamental rights to education and religion were being violated.
But a three-judge panel, which included a female Muslim judge, ruled last month that the Qur’an does not establish the hijab as an essential Islamic practice and it may therefore be restricted in classrooms. The court also said the state government has the power to prescribe uniform guidelines for students as a “reasonable restriction on fundamental rights.”
“What is not religiously made obligatory therefore cannot be made a quintessential aspect of the religion through public agitations or by the passionate arguments in courts,” the panel wrote.
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.
In 2016, the high court in the southern state of Kerala ruled that head coverings were a religious duty for Muslims and therefore essential to Islam under the test; two years later India’s Supreme Court again used the test to overturn historical restrictions on Hindu women of certain ages entering a temple in the same state, saying it was not an “essential religious practice.”
Critics say the essentiality test gives courts broad authority over theological matters where they have little expertise and where clergy would be more appropriate arbiters of faith.
India’s Supreme Court is itself in doubt about the test. In 2019 it set up a nine-judge panel to reevaluate it, calling its legitimacy regarding matters of faith “questionable”; the matter is still under consideration.
The lawsuit in Karnataka cited the 2016 Kerala ruling, but this time the justices came to the opposite conclusion — baffling some observers.
“That’s why judges make for not-so-great interpreters of religious texts,” said Anup Surendranath, a professor of constitutional law at the Delhi-based National Law University.
Surendranath said the most sensible avenue for the court would have been to apply a test of what Muslim women hold to be true from a faith perspective: “If wearing hijab is a genuinely held belief of Muslim girls, then why ... interfere with that belief at all?”
The ruling has been welcomed by Bharatiya Janata Party officials from Mukhtar Abbas Naqvi, the federal minister of minority affairs, to B. C. Nagesh, Karnataka’s education minister.
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.”
“It is a question of whether it is the constitution, or does religion take precedence?” Muley said. “And the court’s verdict has answered just that by upholding the state’s power to put restrictions on certain freedoms that are guaranteed under the constitution.”
Surendranath countered that the verdict was flawed because it failed to invoke the three “reasonable restrictions” under the constitution that let the state interfere with freedom of religion — for reasons of public order, morality or health.
“The court didn’t refer to these restrictions, even though none of them are justifiable to ban hijabs in schools,” Surendranath said. “Rather, it emphasized homogeneity in schools, which is opposite of diversity and multiculturalism that our constitution upholds.”
The Karnataka ruling has been appealed to India’s Supreme Court. Plaintiffs requested an expedited hearing on the grounds that a continued ban on the hijab threatens to cause Muslim students to lose an entire academic year. The court declined to hold an early hearing, however.
Muslims make up just 14 percent of India’s 1.4 billion people, but nonetheless constitute the world’s second-largest Muslim population for a nation. The hijab has historically not been prohibited or restricted in public spheres, and women donning the headscarf — like other outward expressions of faith, across religions — is common across the country.
The dispute has further deepened sectarian fault lines, and many Muslims worry hijab bans could embolden Hindu nationalists and pave the way for more restrictions targeting Islam.
“What if the ban goes national?” said Ayesha Hajjeera Almas, one of the women who challenged the ban in the Karnataka courts. “Millions of Muslim women will suffer.”
Mustafa agreed.
“Hijab for many girls is liberating. It is a kind of bargain girls make with conservative families as a way for them to go out and participate in public life,” he said. “The court completely ignored this perspective.”


Austin: No indication Hamas planning attack on US troops

Updated 5 sec ago
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Austin: No indication Hamas planning attack on US troops

  • Israel has killed more than 34,000 Palestinians, according to Gaza’s Health Ministry

WASHINGTON: US Defense Secretary Lloyd Austin said he did not see any indication Hamas was planning any attack on US troops in Gaza but added adequate measures were being put in place for the safety of military personnel.
“I don’t discuss intelligence information at the podium. But I don’t see any indications currently that there is an active intent to do that,” Austin said during a press briefing.
“Having said that ... this is a combat zone and a number of things can happen, and a number of things will happen.”
Austin’s remarks came as the US military said it was temporarily pausing the offshore construction of a maritime pier because of weather conditions and instead would continue building it at the Israeli Port of Ashdod.

FASTFACT

The US military says it is temporarily pausing the offshore construction of a maritime pier because of weather conditions.

The maritime pier, once built, will be placed off the coast of Gaza in a bid to speed the flow of humanitarian aid into the enclave.
“Forecasted high winds and high sea swells caused unsafe conditions for soldiers working on the surface of the partially constructed pier,” the US military said in a statement.
“The partially built pier and military vessels involved in its construction have moved to the Port of Ashdod, where assembly will continue,” it added.
Earlier this week, the Pentagon said about 50 percent of the pier had been constructed.
Israel has sought to demonstrate it is not blocking aid to Gaza, especially since President Joe Biden issued a stark warning to Prime Minister Benjamin Netanyahu, saying Washington’s policy could shift if Israel fails to take steps to address civilian harm, humanitarian suffering, and the safety of aid workers.
US officials and aid groups say some progress has been made but warn it is insufficient, amid stark warnings of imminent famine among Gaza’s 2.3 million people.
The humanitarian situation in Gaza — which has been devastated by more than six months of Israeli operations against Hamas — remains dire, with a senior US administration official saying last week that the territory’s entire population of 2.2 million people is facing food insecurity.

 


Canada police charge three with murder of Sikh leader Nijjar

Updated 5 min 24 sec ago
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Canada police charge three with murder of Sikh leader Nijjar

  • Nijjar was a Canadian citizen campaigning for the creation of Khalistan, an independent Sikh homeland

OTTAWA: Canadian police said on Friday they had arrested and charged three Indian nationals with the murder of Sikh separatist leader Hardeep Singh Nijjar in June 2023 and said they were probing possible links to the Indian government.

Nijjar, 45, was shot dead outside a Sikh temple in Surrey, a Vancouver suburb with a large Sikh population. Canadian Prime Minister Justin Trudeau has cited evidence of Indian government involvement, prompting a diplomatic crisis with New Delhi.

Assistant Commissioner David Teboul said the matter was still under investigation and other probes were being carried out. These “include investigating connections to the government of India,” he told a televised news conference.

Nijjar was a Canadian citizen campaigning for the creation of Khalistan, an independent Sikh homeland carved out of India. The presence of Sikh separatist groups in Canada has long frustrated New Delhi, which had labeled Nijjar a “terrorist.”

Last week the White House expressed concern about the reported role of the Indian intelligence service in assassination plots in Canada and the United States.


India’s Rahul Gandhi to contest elections from family borough

Updated 37 min 37 sec ago
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India’s Rahul Gandhi to contest elections from family borough

  • Gandhi contests polls from second seat in family bastion
  • Emotional moment to contest from Raebareli, Gandhi says

NEW DELHI: Indian opposition leader Rahul Gandhi will contest the general election from the family bastion in the north, his Congress Party announced on Friday, a move that will challenge Prime Minister Narendra Modi in a region he dominates.

Gandhi, the scion of the Nehru-Gandhi dynasty, will contest from Raebareli in politically crucial Uttar Pradesh state, Congress said, in addition to Wayanad in Kerala state in the south, which has already voted. India allows candidates to contest multiple constituencies but they can represent only one.
Uttar Pradesh is India’s most populous state and elects 80 lawmakers to the lower house of parliament, the most of any state. In the last election in 2019, Modi’s Bharatiya Janata Party and allies won 64 seats, including from Amethi, adjacent to Raebareli, where Gandhi was defeated.
His return to the area, albeit for a second constituency, will invigorate the party, Congress officials said.
Gandhi said being nominated from Raebareli was an “emotional moment” for him.
“My mother has entrusted me with the responsibility ... with great confidence and given me the opportunity to serve it,” he posted on X.
“In the ongoing battle for justice and against injustice, I seek the love and blessings of my loved ones. I am confident that all of you are standing with me in this battle to save the constitution and democracy,” he said.
Gandhi’s mother Sonia won from Raebareli in 2019, which has returned a Congress candidate in 17 of the 20 elections held there since 1952, mostly members of the Gandhi family. Sonia Gandhi is now a member of the upper house of parliament.
Modi is widely expected to win a rare third term in the general election that got underway on April 19 and concludes on June 1, with votes set to be counted on June 4.
However, analysts say a low voter turnout in the first two phases of the seven-phase election has dampened hopes of a huge majority for the party, although they said the BJP was still likely to retain power in the world’s most populous nation.
Soon after the announcement, Gandhi flew to Raebareli in a private aircraft, accompanied by his mother Sonia, sister Priyanka and senior Congress leaders, and filed his nomination papers.
Modi and the BJP attacked Gandhi for the decision.
“I had said that the prince will lose in Wayanad and in fear of his loss ... he will look for another seat,” Modi said on Friday, referring to Gandhi.
“I also want to tell them wholeheartedly, do not be afraid, do not run away,” Modi said.
Congress has ruled India for 54 of its 76 years since independence from Britain, and members of the Nehru-Gandhi family were prime ministers for more than 37 of those 54 years.
However, the party has floundered since it was swept out of power by Modi in 2014 and has been struggling to revive itself.
Gandhi contesting from Raebareli is good news for the opposition INDIA alliance of 27 parties that Congress leads, said Rasheed Kidwai, political analyst and visiting fellow at New Delhi’s Observer Research Foundation.
“The significance of Rahul contesting here is that it will boost the alliance with Samajwadi Party,” Kidwai said referring to the regional partner of Congress in Uttar Pradesh. “The opposition story is not all that bad and this will force a contest with BJP.”

 


Defense chiefs from US, Australia, Japan and Philippines vow to deepen cooperation

Updated 44 min 2 sec ago
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Defense chiefs from US, Australia, Japan and Philippines vow to deepen cooperation

  • Defense chiefs from the four nations held their first meeting in Singapore last year

HONOLULU: Defense chiefs from the US, Australia, Japan and the Philippines vowed to deepen their cooperation as they gathered Thursday in Hawaii for their second-ever joint meeting amid concerns about China’s operations in the South China Sea.
The meeting came after the four countries last month held their first joint naval exercises in the South China Sea, a major shipping route where Beijing has long-simmering territorial disputes with a number of Southeast Asian nations and has caused alarm with its recent assertiveness in the waters.
US Defense Secretary Lloyd Austin told reporters at a news conference after their discussion that the drills strengthened the ability of the nations to work together, build bonds among their forces and underscore their shared commitment to international law in the waterway.

HIGHLIGHT

The meeting came after the four countries last month held their first joint naval exercises in the South China Sea, a major shipping route where Beijing has long-simmering territorial disputes with a number of Southeast Asian nations and has caused alarm with its recent assertiveness in the waters.

Australian Defense Minister Richard Marles said the defense chiefs talked about increasing the tempo of their defense exercises.
“Today, the meetings that we have held represent a very significant message to the region and to the world about four democracies which are committed to the global rules-based order,” Marles said at the joint news conference with his counterparts.
Austin hosted the defense chiefs at the US military’s regional headquarters, US Indo-Pacific Command, at Camp H.M. Smith in the hills above Pearl Harbor. Earlier in the day, Austin had separate bilateral meetings with Australia and Japan followed by a trilateral meeting with Australia and Japan.
Defense chiefs from the four nations held their first meeting in Singapore last year.
The US has decades-old defense treaties with all three nations.
The US lays no claims to the South China Sea, but has deployed Navy ships and fighter jets in what it calls freedom of navigation operations that have challenged China’s claims to virtually the entire waterway. The US says freedom of navigation and overflight in the waters is in America’s national interest.
Aside from China and the Philippines, Vietnam, Malaysia, Taiwan and Brunei also have overlapping claims in the resource-rich sea. Beijing has refused to recognize a 2016 international arbitration ruling that invalidated its expansive claims on historical grounds.
Skirmishes between Beijing and Manila in particular have flared since last year. Earlier this week, Chinese coast guard ships fired water cannons at two Philippine patrol vessels off off Scarborough Shoal, damaging both.
The repeated high-seas confrontations have sparked fears of a larger conflict that could put China and the United States on a collision course.. The US has warned repeatedly that it’s obligated to defend the Philippines — its oldest treaty ally in Asia — if Filipino forces, ships or aircraft come under an armed attack, including in the South China Sea.
President Joe Biden’s administration has said it aims to build what it calls a “latticework” of alliances in the Indo-Pacific even as the US grapples with the Israel-Hamas war and Russia’s ongoing invasion of Ukraine.

Beijing says the strengthening of US alliances in Asia is aimed at containing China and threatens regional stability.

 


Senior Labour official admits Gaza has cost party votes in local elections

Updated 03 May 2024
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Senior Labour official admits Gaza has cost party votes in local elections

  • Pat McFadden says leadership’s stance on conflict has been ‘a factor in some places’
  • Prof. John Curtice says Labour has performed ‘quite badly’ among Muslim voters

LONDON: A senior Labour official has suggested the party’s stance on Gaza might have affected its performance in local elections in the UK.

A series of votes took place this week nationwide to elect new mayors in multiple major cities, as well as council members and police and crime commissioners.

Labour was expected to perform strongly, but Pat McFadden, Labour’s national campaign coordinator, told Sky News that Gaza had been “a factor in some places,” adding that with “so many innocent people being killed I’m not surprised people have strong feelings about that.”

Party sources suggested turnout in key areas was lower than anticipated, with many Muslim voters choosing not to vote, including in one key election in the West Midlands where lack of support saw Labour lose the local mayoralty to the Conservative incumbent Andy Street.

It comes weeks after former Labour MP George Galloway was elected to represent the formerly safe Labour constituency of Rochdale in Parliament, with Israel’s ongoing war in Gaza a key theme of the campaign.

Galloway has since said his Workers Party of Britain will seek to stand candidates in every constituency at the next UK general election.

An anonymous Labour source in the West Midlands told The Times: “We (would) have beaten him (Andy Street) as a general rule, but the Muslim vote has collapsed to the Galloway-backed independent.”

Another source quoted by the BBC caused controversy and was accused of racism by Conservative sources for saying: “It’s the Middle East, not West Midlands, that will have won Andy Street the mayoralty. Once again Hamas are the real villains.”

In a statement, Labour told ITV: “The Labour Party has strongly condemned this racist quote which has not come from anyone who is speaking on behalf of the party or whose values are welcome in the party.”

Labour lost its 13-year spell controlling the local council in Oldham, having seen its majority reduced in recent weeks ahead of the elections following defections by councilors opposed to Labour leader Keir Starmer’s stance on Gaza.

However, Arooj Shah, Labour’s council chief in Oldham, disputed that Gaza was the main issue, telling The Independent: “I don’t think that’s a fair statement to make, given that the issue of Gaza has been over the last year, but what we’ve seen in Oldham is a lot longer than that. We have had 13 years of austerity and that’s been really, really difficult.”

Elsewhere, Green Party candidates also claimed former Labour seats in Newcastle and Bolton.

Nick Peel, Labour’s council leader for Bolton, told The Independent: “As a direct result of the ongoing humanitarian crisis in Palestine, many South Asian voters have not supported Labour or Conservative.”

Chris Hopkins, political research director for market research company Savanta, told The Independent that Labour could lose more council seats in areas with significant Muslim populations, such as Bradford and Burnley, over the Gaza issue as results continued to be announced.

Leading pollster Prof. John Curtice told the paper that “Labour has actually done quite badly” in areas of the country with large Muslim communities, and warned that the trend could harm the party ahead of the next general election.

Starmer told the BBC: “I’m concerned wherever we lose votes and we intend to win back any votes we have lost.

“But there’s no denying that across the country, whether it’s Hartlepool in the north or Rushmoor in the south, or Redditch, a bellwether seat, we are winning votes across the country. And that, I think, reflects a changed Labour Party with a positive case to take to the country.”