Karnataka hijab controversy goes national as Uttar Pradesh goes to polls in Phase 1

The hijab controversy of Karnataka is intersected by two arcs — politics of elections and compulsion of circumstances. Ostensibly the Bharatiya Janata Party (BJP) is trying its best to ensure Muslim votes get splintered in western Uttar Pradesh on the back of this spiralling protest. And most Muslim students in the local colleges in Karnataka come from less privileged backgrounds for whom education is key. This conflict has temporarily but markedly impacted them in an adverse manner.

Let’s start with the political machinations. From Karnataka to the important political battleground in Uttar Pradesh, there seems to be a convoluted umbilical cord. Both are BJP-ruled states. Karnataka is the new epicentre for the BJP in south India to widen its base. Uttar Pradesh is going through the first phase of polling where the concentration is on western Uttar Pradesh.

Take a look at some numbers. West Uttar Pradesh has 136 seats across 26 districts. Muslims account for over 25 per cent. In the 2017 Assembly election, BJP got 41 per cent of the vote share, with western Uttar Pradesh contributing 44.14 per cent. So, that shows how important west Uttar Pradesh is in the scheme of things. It is voting in the first phase on 10 February and 14 February.

The BJP has not fielded a single Muslim candidate in western UP. The Bahujan Samaj Party has 16 Muslim candidates, while Congress and Asaduddin Owaisi’s AIMIM have given 11 and 9 seats respectively. The BJP would prefer Muslims do not vote en bloc.

That is why Owaisi may have been introduced in the pack. His job is to splinter the Muslim vote. Mayawati would undertake a similar task.

Thus the heightened Owaisi rhetoric.

He thundered in Sambhal (west UP) about how a single Muslim girl showed grit to stand up to a bunch of Hindu boys. He was referring to burqa-clad Muskan Khan shouting ‘Allah-Hu-Akbar’, her hand raised in the air in response to a group of men heckling her with saffron scarves and chants of ‘Jai Sri Ram’ at her college.

He said he admired her guts and urged other Muslim women to follow suit. At the same time, he praised Prime Minister Narendra Modi for supporting the cause of education and rights equality of Muslim women. Let’s not forget, Owaisi is being called the “B-Team” of the BJP in the UP Assembly polls.

It’s hard not to recognise the pattern here. The hijab controversy works politically in favour of the BJP in the short run. It may lead to more polarisation and vote-splintering of Muslims in the Uttar Pradesh cauldron.

As for the student protest, Ghazala Wahab, author of Born A Muslim: Some Truths About Islam In India, writes: “One of the protesting girls (in Karnataka), told a BBC journalist that once the principal dug in his heels, she contacted the Muslim students’ body Campus Front of India (CFI). Thereafter, supported by the CFI, the girls dug in their heels too.”

Therefore, it is clear a Muslim students’ body got involved, gave the matter a political and religious twist. Several colleges in and outside Udupi district imposed the hijab ban. Invoking Article 133(2) of the Karnataka Education Act, 1983, the BJP-led state government said that “a uniform style of clothes has to be worn compulsorily”.

Local reports say that the Students’ Islamic Organisation of India (the student wing of Jamaat-e-Islami Hind) is trying to broker a compromise with the district and college authorities. A possible resolution lies in the girls being permitted to wear hijab on campus but not in classrooms.

The Constitution guarantees a person the freedom to practise his/her religion as a fundamental right, subject to certain restrictions. In simple terms, the Constitution guarantees citizens the right to equality, the right to education, and the right to practise their religion.

In the past, the courts have held that the right to wear a hijab would fall under the protections guaranteed by the Constitution. But informed Muslim voices say wearing of a hijab is not necessarily a compulsory part of Muslim culture. There are reasons why it was traditionally introduced. More so for protecting Muslim women.

While educational institutions in Karnataka stand closed for the time being to calm down the situation, many young Muslim women seeking higher education stand to lose much more if the state of intransigence continues.

The anti-hijab campaign, as per local reports, may be part of a larger agenda of polarisation in coastal Karnataka.

A writ petition was filed in the Karnataka High Court by a Muslim girl student from Udupi seeking a declaration that wearing a hijab is a fundamental right.

Beleaguered Chief Minister Basavraj Bommai appealed to everyone to maintain peace. “The matter is before the high court and it will be decided there… I appeal to everyone to maintain peace… All should follow the state’s order (on uniform) until the court decides,” he said.

Education Minister BC Nagesh said that students who insist on wearing hijab (head scarves) would not be allowed into government educational institutions. He also ordered that women protesters be confined to a separate room of the colleges.

Governments around the world, especially in Europe, have grappled with this issue for years now. In April 2011, France became the first European country to impose a ban on full-face veils in public areas. And in 2018, Boris Johnson, who is now the Prime Minister of Britain, likened women who wear the full body veil to “letter boxes” and “bank robbers”.

As of July 2021, full or partial ban of the burqa was introduced by these European countries: Austria, France, Belgium, Denmark, Bulgaria, the Netherlands, Germany, Italy and Spain.

Back in India, the Chief Justice of the Karnataka High Court, Ritu Raj Awasthi, constituted a full bench to look into the hijab face-off. This is the third day of hearings. The state cabinet, which met earlier before the court order came in, decided to await the verdict before taking any decision on the issue which has snowballed into a major row.

The Supreme Court too declined a plea seeking urgent transfer of cases from the high court to the apex court.

Since the hijab controversy seems to have political appendages, it would be interesting to see how this plays out. If indeed there is a coupling of the protest with the first phase of polling in western Uttar Pradesh, then the conflict should temper down going forward.

With the courts and Muslim organisations working out a rapprochement, there’s hope the flames get doused soon.

The author is CEO, nnis. Views expressed are personal.

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