The Karnataka hijab row case which caused a political uproar in the state earlier this year, is currently being heard by the Supreme Court with many petitioners urging the bench to grant them permission to wear headscarves and hijabs inside educational institutions in the state. A report submitted by People’s Union for Civil Liberties (PUCL) titled ‘Impact of Hijab Ban in Karnataka’s Educational Institutions,’ highlighted human rights violations, including bullying of hijab-wearing students and harassment of female students by other students and visitors.
The 43-page report mentioned the creation of a hostile environment by protesters wearing saffron shawls, and hate speech (in public displays of clothing or through electronic media) suffered by the hijab-wearing students, which were mostly ignored by the media on campuses. The report also explained how hijab-wearing students in Raichur district were deeply affected by the aftermath of the hijab ban, so much so that they faced hostility from fellow students who supported right-wing groups. “Muslim women are horrified by the space called a classroom. Our respondents told us that they now call each other before going to college and enter in groups alone as it is ‘very frightening’ to enter campus alone,” the report read.
TNM has reported on significant portions of the report. Based on analysis of testimonials collected by members of PUCL. The report criticised the ruling in the Resham v. State of Karnataka case, which was heard in the Karnataka High Court. The court had ruled that the Karnataka government had the power to prescribe a uniform, and the uniform was a reasonable restriction on fundamental rights that the students could not object to. The PUCL report said that the focus on hijab as essential religious practice was “incorrect” and pointed that the judgment prioritised “the sanctity of maintaining a uniform as an essential feature of a school, at the expense of ensuring education with reasonable accommodation, to students belonging to minority communities.” It stated that the hopes and dreams of Muslim women were crushed as they were forced to choose between their right to education and right to wear a hijab.
The report also outlined administrative lapses on part of police, college administrators, and community members and the different ways through which the judgment-affected parties were excluded. PUCL also criticised the College Development Committee (CDC) and its lack of a democratic structure. “Without any definite methods of accountability or representation for local stakeholders, CDCs frequently behaved as authoritarian institutions,” the report mentioned.
Police presence on college campuses created a climate of terror among students who were wearing hijabs and frequently prevented local residents from expressing their discontent and they were also deputed to ensure that the law was followed, rather than to protect the students, the report stated. PUCL highlighted the vilification campaign against the students that occurred before the issue of interim order by the Court as well as the participation of the government apparatus in campaigns to exclude Muslim women, after the issue of the interim order.
One of the report's main recommendations is that the notification authorising the prohibition of the wearing of the hijab, be immediately rescinded. Other recommendations are the issue of a directive to the government to conduct a comprehensive inquiry into lost academic years and expenses incurred as a result of this order and ensure that compensation to the women and their families are paid. It also urged that the court issue a directive to hold CDCs of colleges accountable for overstepping their mandate.