THE RIGHT TO WEAR HIJAB: CONSTITUTIONAL ANALYSIS OF FREEDOM OF RELIGION AND EQUALITY

Abstract [English]

The right to wear the hijab has been at the center of law and social debates, especially in light of constitutional rights to religious freedom and equal rights.  While people argue about the idea of secularism and how it should be interpreted in different law settings, the principle of equality, which says that no one should be treated differently because of their religion, is at the heart of this argument. The study stresses how hard it is to balance religious freedom with secular policies that try to make public spaces more uniform, especially in multicultural and diverse countries.  The Karnataka High Court ruled that wearing the hijab is not an essential religious practice for Muslim women and upheld the State's authority to prescribe dress codes in government educational institutions, considering it a reasonable restriction under Articles 19(1)(a) and 21 of the Constitution which is a setback that takes away women's right to "freedom of choice, individual autonomy or freedom of conscience, and freedom of religion."  This is despite the fact that India's Constitutional courts have made many decisions in favor of women's rights. In the controversial decision, it was said that wearing the Hijab is not a required religious practice in Islam. There are still a lot of problems that need to be fixed when looking at the issue of "freedom of conscience" under Article 25 of the Constitution.