Right to be seen: Majinderpal Kaur

The ongoing hijab row has left us stunned. Hijab is worn globally by Muslim women in public places including schools. It is even more shocking that the debate is going on in India, a land where many religions were founded and where religious freedom has existed for ages, long before the Indian Constitution provided for it. For this religious freedom, the sixth Guru of Sikhs, Shri Guru Tegh Bahadur Ji gave his life 347 years ago, so Kashmiri Pandits can wear their Janeu. He did it without questioning whether Janeu is an essential requirement of Sanatan Dharma, if it is discriminatory then drop it. And his father, Guru Hargobind Sahibji, built the Guru ki Masid for the Muslims in Hargobindpur, during the Mughal period.

There is no juridical reason to ban the hijab in educational institutions in India. The interim order of the Karnataka High Court has placed a de facto hijab ban on affected Muslim students, when there is no legal basis for it; It has also effectively violated their fundamental right to education. This violation could have been avoided. Till the time the matter is settled, the High Court could order the affected institutions to accommodate their Muslim girl students by providing them with an alternative and safe place to study on their campus. It is also unhelpful that the Supreme Court has refused to expedite the hearing of a petition filed against the interim order of the High Court. United Sikhs has filed a complaint with the National Human Rights Commission (NHRC) to take cognizance of the matter as it is a violation of the Constitution of India which protects one’s faith and right to education.

Freedom of religion or belief in a public place is a private right. You cannot expect a person to hold a faith or to practice their religion both privately and on a part-time basis, as this would be contrary to the universality of the religion or belief. The same should apply to revealing one’s faith or religion. A person manifests his belief or religion in his life and practices it. Religious minorities often clearly stand out when the expression of their religion creates an identity that goes against the default. Sikhs have been discriminated against in the West not because of their visibility but because of an ignorant masses. In India, a turbaned Sikh makes the public feel safe, especially in a context where crimes against women are rampant. Similarly, women in hijab should be viewed with respect as those who are faithful to their rules.

It is settled international law that it is not the job of a secular court to determine what constitutes an obligatory religious requirement. As long as a religious belief is genuine, a secular court is bound to accept it. In 2018, our legal team filed a petition in the Supreme Court of India against the turban ban imposed by a cycling union on a Sikh cyclist. During the hearing, the bench asked, ‘Is the turban compulsory in Sikhism? We were taken aback by this question, as it suggested that the court was unwilling to take judicial notice of the wider societal understanding about the centrality of the turban in Sikh dress. We weren’t bothered. Instead, we spent long and fruitful hours sifting through Sikh scriptures and historical texts to satisfy the judges.

In the West, Sikhs voluntarily became targets of hate crimes and laws were enacted in response to 9/11. The public was told that the terror of 9/11 was perpetrated by men in turbans. The ignorant masses transferred their fear to the turbaned Sikhs. Security concerns at airports and other public places led to indiscriminate searches of turbans and targeting of kirpans as it triggered metal detectors. Sikhs had to fight for the right not to be discriminated against in wearing the objects of their faith. The United Sikh legal team filed three communications with the UNHRC in 2008 against France’s ban on turbans and ID photos in schools. We won in all three cases but France ignored the determination of the UNHRC and the sanctions continue.

The writer is International Legal Director, United Sikhs