Researched by: Sara Varghese and Prafula Grace Busi

How it started…

It is instructive to understand how we arrived at this situation:

• On December 31, eight Muslim students were barred from attending classes at a college in Udupi. The reason: They were wearing headscarves which are banned by its uniform code. 
• Point to note: They were allowed on campus but not inside the classroom. And the principal insisted that veils weren’t necessary since it was an all-girls institution.
• Prominent student organisations—affiliated with Muslim groups–-threatened protests. 
• The controversy spread when Hindu students at a Chikmagalur college staged a sit-in protest sporting saffron scarves—in a tit-for-tat gesture. 
• The principal said the hijab issue was resolved three years ago when it “was decided that Muslim girls will be allowed to wear headscarves without tucking it and securing it with a pin.”
• Next, the RSS affiliated Akhil Bharatiya Vidyarthi Parishad backed similar ‘saffron scarf’ protests in a Mangalore college—though the organisation has officially denied any involvement.
• Things escalated on February 2 when another government college in Udupi decided to ban students wearing the hijab from entering campus—allegedly after a meeting with the local BJP MLA. The principal said he was following “government orders.” 
• The clip of the principal closing the gates on the students went viral on social media—and marks the moment when it became a national headline.
• The hijab ban on campus almost immediately spread to other colleges in Udupi—even to institutions that had never had a problem with the veil.
• One Muslim student claimed: “We cited our own college calendar book to say that the headscarf is allowed in college, but the principal said that the college received instructions to not allow students wearing the hijab this week.”
• In recent days, there have been ‘blue scarf’ protests held in support of the Muslim students by their Dalit peers. Muslim women have also held rallies demanding the right of their daughters to be educated.

The government response: Faced with rising tensions, the government invoked the Karnataka Education Act to ban clothes that “disturb equality, integrity and public order in schools and colleges”—equating saffron scarves with hijabs.

Where we are now…

A turn to violence: For the first time, the protests and counter-protests turned ugly yesterday. There were instances of stone pelting when the two sides encountered each other in Shivamogga. And the district administration had to clamp prohibitory orders—and park a police force on campuses in the district. In Bagalkot district, saffron-scarfed protesters stormed a college premises. The police was forced to resort to a lathi charge. You can see an example of one of these confrontations here:

Also making headlines: In one instance, a student allegedly removed the national flag at a college and replaced it with a saffron one—evoking comparisons to the farmer protest at Red Fort back in January 2021. But the police insist there was no tricolour on that pole. What is indisputable: the crowd surrounding him was yelling ‘Jai Shri Ram’.

Everyone was also sharing a clip of a single female Muslim student was heckled by a large crowd of saffron-scarfed men. See it below:

What’s notable in this case is that the college’s uniform code allows her to wear a burqa on campus—and a veil in the classroom. The student also noted: “In the crowd, there were only 10% of students from our college, most of them were outsiders.” And this is what the principal said to her: “I have allowed you to come in the attire (burqa) and you do not have to worry about others.”

Also this: scene of a single Muslim girl standing up to a crowd of angry Hindu men:

The fallout: The government has shut all colleges and schools for grades 9-12 for three days—and urged all sides to stay calm. 

Point to note: There are signs that the anti-hijab controversy is spreading to other states—including Madhya Pradesh and Puducherry.

What the High Court said…

Yesterday, the Karnataka High Court held its first hearing on a bunch of petitions filed by Muslim students challenging the hijab ban. Its decision is significant since Chief Minister Bommai has said he will follow whatever the court dictates. 

Here is what the students’ lawyer said in court:

One: The right to wear a hijab is protected under the right to freedom of religion in Article 25 of the Constitution: “We are not talking of burqa or entire veil. It is a head scarf. The first submission is that the wearing of the hijab is an essential religious practice.” The lawyer cited a 2016 Kerala High Court decision as precedent—since it upheld the right for students to wear the hijab while taking CBSE exams.

Two: The right to wear a dress is part of the fundamental right to speech and expression under Article 19(1)(a)—and the right to privacy. It can only be regulated if there is an issue of public safety or order: “A girl going to school wearing head scarf, how can it be a public order issue...We are not trying to incite anybody or create disturbance.” Also this: 

“If it is a public order issue, how is it that when Muslim women wear hijab outside, it is not a public order issue and it becomes a public order issue when they enter college? When they go to market, not [an] issue but in college there is a public order issue!"

Three: Making the girls sit in separate classrooms violates the right to equality: “It is my submission that such segregation offends Article 14...Making hijab wearing students to sit separately is a form of ‘religious apartheid’ and untouchability is not fully abolished.”

Plus this: The lawyer asked the girls be allowed to attend classes wearing dupattas on their head—while their case is being heard. The reason: these are pre-university students and board exams are around the corner. 

As for the Advocate-General: He has not laid out any argument as yet, but indicated that the core legal issue for the government is this: Is the right to wear a hijab protected by the Constitution? He also asked the court to issue a ban on protests—which was not opposed by the petitioners’ lawyer.

What the court said: Nothing much of note as yet. The next hearing will be held on Wednesday. All Justice Dixit said was this:

“We will go by reason, by law, not by passion or emotions. We will go by what Constitution says. Constitution is the Bhagavad Gita for me. I have taken the oath to abide by Constitution. Let's keep the emotions aside.”

The bottomline: This case will have a huge impact on how the freedom of religion is interpreted and enforced—not just in Karnataka but across the country. We all wait to hear what the law has to say.

Reading list

The Print has a good timeline of the controversy. A very good watch: This News Minute video—which also places the ban in context of Karnataka politics. Also from The News Minute: How Bommai went from moderate to saffron. LiveLaw has the most details on the court proceedings. Indian Express has a good explainer on the state order on uniforms. Umang Poddar in Scroll argues that the hijab ban is a violation of the freedom of religion.