Why in news- The Bombay High Court on June 26 dismissed a petition by nine students of Chembur’s N G Acharya and D K Marathe College challenging the institution’s dress code banning the hijab, saying the decision was “in the larger academic interest”.
Constitutional Provisions: Article 19 and Article 25
Article 19: Freedom of Speech and Expression
- Article 19 of the Indian Constitution guarantees citizens the right to freedom of speech and expression.
- This fundamental right encapsulates the freedom to express one’s beliefs, opinions, and convictions without any censorship or restriction.
Article 25: Freedom of Religion
- Article 25 guarantees individuals the freedom to profess, practice, and propagate their religion.
- It ensures that every individual has the right to freely practice his or her religious beliefs and customs, subject to public order, morality, and health.
Constitutional Provisions Related to Religious Freedom
Overview of Article 25
- Article 25 protects the individual’s freedom of conscience and the right to freely profess, practise and propagate religion.
- It allows religious communities to manage their affairs in matters of religion.
Limitations of Religious Freedom
- Article 25 is subject to public order, morality, and health.
- This means that religious practices that threaten public order or health can be regulated or prohibited.
- The state can intervene to ensure equality and prevent discrimination based on religious practices.
The Issue of Hijab: Religious Symbol or Necessary Custom?
- The hijab is a veil worn by some Muslim women that covers the head, neck, and chest, usually as a symbol of modesty and religious observance.
Academic institutions and dress codes:
- Many educational institutions in India impose dress codes to promote uniformity and discipline among students.
- Problems arise when these dress codes conflict with religious attire, such as the hijab.
Legal challenges:
- Students often challenge such rules, arguing that the right to religious freedom under Article 25 should prevail over institutional dress codes.
Court interpretations:
- Courts have to strike a balance between religious freedom and institutional autonomy.
- A recent decision by the Bombay High Court upheld a college’s right to impose a dress code in the interest of maintaining academic discipline and secularism within the institution.
Legal implications and court rulings
Bombay High Court ruling
- The Bombay High Court held that the hijab ban was justified in the “larger academic interest” of the institution.
- It cited precedents and legal principles, including the Karnataka High Court’s ruling on a similar issue, to support its decision.
- The Court emphasized the importance of maintaining a secular environment and ensuring that educational institutions operate without religious bias.
Understanding key legal cases and debates on religious freedom in India
Fathima Thasneem v State of Kerala case
- The Fatima Thasneem v State of Kerala case focuses on the issue of religious freedom and dress code in educational institutions.
- Student Fatima Thasneem challenged the dress code of Sree Narayana College, which prohibited students from wearing religious attire such as the hijab.
Legal challenge:
- Thasneem argued that the college’s dress code violated her fundamental right to religious freedom under Article 25 of the Constitution.
Court ruling:
- The Kerala High Court upheld the college’s dress code, stating that it was within the institution’s right to maintain discipline and a secular atmosphere.
- It ruled that wearing a hijab was not an essential religious practice that required protection under Article 25.
Legal implications
- The case highlighted the tension between religious freedom and institutional autonomy in academic settings.
- It underscored the role of the judiciary in interpreting constitutional rights in the context of religious practices.
Essential religious practices:
- These are religious rituals, customs, or practices that are considered fundamental to the faith and are protected under Article 25 of the Constitution.
Debate:
- There is ongoing debate over what constitutes an essential religious practice.
- Courts often examine whether a particular practice is an integral part of the religion concerned and whether its restriction violates religious freedom.
Examples
- Cases involving the wearing of religious dress, dietary restrictions, and participation in religious ceremonies often raise questions about essential practices.
- Courts balance individual religious freedom with social interests such as public order, morality, and health.
The balance between religious freedom and secularism in the Constitution
Constitutional Provisions
Article 25: Individuals have the right to the public The Constitution of India guarantees the right to freely profess, practice, and propagate religion, subject to order, morality, and health.
Secularism: The Indian Constitution enshrines secularism, which mandates state neutrality in matters of religion and ensures equal treatment of all religions.
Legal Principles
Uniform Civil Code: Proposes to promote uniformity in personal laws, ensuring equal rights regardless of religious affiliation.
Judicial Interpretation: Courts play a key role in interpreting constitutional provisions to balance religious freedom with other fundamental rights and societal interests.
Balance and Harmony
- The Constitution aims to strike a balance between individual religious freedom and secular governance.
- It allows reasonable restrictions on religious practices to maintain public order and ensure equality among citizens.