A recent court ruling upholding a ban on Muslim students wearing head coverings in schools has sparked criticism from constitutional scholars and rights activists.
Indian Muslim students wearing hijabs and face masks gather to meet student activists in Kundapur in district Udupi, Karnataka state, India, Saturday, Feb. 26, 2022. An Indian court ruling upholding a ban on Muslim students wearing head coverings in schools has sparked criticism from constitutional scholars and rights advocates amid concerns of judicial overreach regarding religious freedoms.
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.”
“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 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.
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