Kejal Soni, L.L.B, Jitendra Chauhan College of Law
ABSTRACT
The purpose of this paper is to highlight that in a religiously diverse and a self-proclaimed secular country India, it is impossible to separate Vidya (education), Veda (religion) and Varna (caste) from each other for these have been the roots of the Constitution of India since decades; despite of which co-existence of the three is quite rare. In interpreting the constitutional provisions for religious freedom and the right to education, the judiciary plays an important role by determining the extent to which the state can lawfully regulate religious affairs in relation to educational institutes. Further, this paper seeks to historicize how closely politics and law are tied together, additionally, this paper also aims to open discussion on several questions which are explored at various stages including the following: Can religion be kept out of education at all? Does wearing the hijab jeopardize secularism, as the policy makers suggest? What do educators think of the law banning the hijab? Did the legislation take into account the decision's effect on young Muslim women in the State, their self-esteem, their educational pursuits, and their identity formation? Is hijab patriarchal and oppressive? Is maintaining uniformity possible in a culturally rich country like India? Or simply, a question about women’s right to choose for themselves?
Keywords: Hijab Ban Controversy; Right to Freedom of Religion; Right to Education; Patriarchy; Secularism.
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