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The Hijab Controversy: The Conflicting Nature Of Right To Religion




Abhijit Mohanty, BBA.LL.B, KIIT School of Law, Bhubaneshwar

ABSTRACT

The traditional head cover worn by the Muslim women is generally called as Hijab generated debate in recent years in India, notably in the state of Karnataka. This issue was started on January 1, when some Muslim students were not allowed to attend the classes wearing hijab as a part of their clothing as it was against the prescribed rules of a college in Karnataka. The MLA allegedly told the students that they are free to elsewhere.1 The controversy is being known as the "Hijab Controversy" or “Hijab row”. “Aishat Shifa v. The State of Karnataka and Ors2.” , has prompted a contentious discussion about Muslim women's rights regarding the hijab and the government's part to enact dress regulations, particularly in educational institutions. The divisive issue raises the constitutional question of whether or not the freedom to wear a hijab is protected by the state as a fundamental religious practice?

Keywords: Hijab Controversy, Religious freedom, Essential Religious practises, Appeal case, college uniform

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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