The paradox of hijab

In early February, the shocking sight of a lone Muslim girl being heckled and chased inside an educational institution by a large group of Hindu boys chanting ‘Jai Shri Ram’ stunned India and reverberated across the globe. Nonetheless, the case is now in the court and, interestingly, the liberty to wear the hijab has been claimed mainly as a “cultural and religious right” and not on the basis of an unconstrained autonomy of an individual’s rational choice. He cited the landmark case of Bijoe Emmanuel & Others vs State of Kerala 615), in which the Supreme Court ruled that even if a religious belief or practice does not appeal to anyone’s reason or sentiment it would attract the protection of Article 25 if it is “genuinely and conscientiously held as part of the profession or practice of religion”. Sanjay Hegde’s point was that the right to wear the hijab in government educational institutions could be granted on the basis of an individual’s conscientious belief without subjecting it to the essentiality test where belief is primarily ascertained with reference to the community-endorsed doctrines of the religion, as laid down by the Supreme Court in the Shirur Mutt case and in Srimad Perarulala Ethiraja Ramanuja Jeeyar Swami vs The State of Tamil Nadu. It is the index of the natural human charms, the most attractive part and the one possessing great sex appeal for others.” In Maududi’s understanding of Islam, a Muslim woman cannot “wear glamorous clothes that attract attention, nor should she cherish the desire to display the charms of the face and the hand, nor should she walk in a manner as may invite the attention of others.” He goes on to misinterpret Islam, saying: “It says that the real place for the woman is the house and she has been exempted from the outdoor duties so that she may lead a dignified and peaceful life at home and carry out her domestic responsibilities efficiently.” And if any Muslim dissents from this view, it is because of “modern democracy looks upon man as wholly independent and unaccountable and makes him his own legislator, and so renders all legislative business dependent on majority opinion.” The culprit, of course, is the “concept of liberty gave birth to the democratic system of government”.