-Reshma Ravishanker
The Karnataka High Court order banning wearing of hijab in classrooms violates the Right to Education Act, 2009, says the National Coalition on Education Emergency (NCEE).
In a statement released on March 16, 2022, the representative group of education and child rights activists and educationists states that several students will be denied access to education with the implementation of the hijab order.
“The court argues that the Indian constitution grants freedom to practice one’s chosen religion to all citizens, but with ‘reasonable restrictions’. We wonder in what way can these restrictions be considered “reasonable” if they deny education to girls and women from a minority community, which has historically lagged behind in accessing education?”
The NCEE believes that this is against the vision of the Right of Children to Free and Compulsory Education Act (2009). “Every child has a fundamental right to attend school/college and denying a child education, for any reason, is a violation of the RTE. It is the responsibility of the government to protect this right, and the responsibility of the Constitutional Courts, to punish any violation. It is imperative that these institutions fulfill their constitutional responsibilities towards children,” says the statement.
The statement also alleges that one particular community has been targeted. “By wearing a Hijab over their uniform, Muslim women are adhering to the dress code as much as those who wear turbans, bindis/kumkum/tilak and bangles along with the uniform.”
NCEE urged the state government to relax all restrictions on dress codes in schools and colleges and demanded that School or College Development Monitoring Committees not be allowed to impose unreasonable dress restrictions on students.