Hijab row - Tip of iceberg

 Surya Pratap Singh Rajawat, Advocate 

Hijab row  - Tip of iceberg

Hijab Controversy signifies lack of degree of constitution morality in India. It compels for introspection. When India is celebrating 75 years of independence such controversy raises many questions on the level of conscious of our society.

As a matter of fact, invoking judgment of South Africa Courts by the counsel of the Petitioners  bears the seal of Intellectual bankruptcy when better intellectual discourses are available in Constituent Assembly Debates. It is worth mentioning that the petitioner's writ nowhere mention the aspiration of Constitution Assembly. The composition of Constitution Assembly and the arguments must be pleaded to defend the historical person of assassination of the religion, customs of foreign origin. Six philosophies in India bear testimony to tolerance, pluralism and diversity in term of culture, civilization, pluralism and heritage.

Demand of Hijab by petitioners amounts to surrogate demand for introduction of Sharia in India and is not in consonance  with the Indian secularism. The argument that women are being deprived from education by not allowing petitioners to wear Hijab warrants debate on the eco-systems of the petitioner. There are number of countries where Face-covering has been banned like- France, Russia, Denmark, Netherland, Bulgaria, Syria and Egypt.

Petitioners must be aware that  India  has accepted invaders, merchants and foreigners  to the extend they have  accepted India .Abdul K. Azad, Arif Mohd. are some examples of assimilation of India ethos.Choice is between Aurangzeb & Dara Shikoh.  Yugdharma demands that petitioners must give a thought to original thinking as per Yugadharma in terms of Sabarimala and Shabano judgment.  There is an air of change, transformation reforms across the world.

Role of judiciary must be of the catalyst expediting the historical process of assimilation and it must be supported by Legislation. Fate of Shah Bano case need not be repeated. Let the world cite Indian judgments for the striking a balance between secularism & women empowerment. There are two options for petitioners either look deeper into the spiritual aspect of their faith or they must learn the lesson of constitution morality.     

This controversy bears the seal of vote of no confidence in the historical process of assimilation which was much talked about during the Constituent Assembly Debates . It is clear from the Constituent Assembly Debates that during the framing of the constitution it was expected that there shall be Uniform Civil Code  in India. Various judgment of SC has upheld the need of UCC of the India. Dr. Ambedkar be remembered  when said that when criminal justice has been accepted by Indian Muslims, then why there is problem in accepting UCC matter. This Hijab Controversy is another mischief in the name of secularism. Legislative, Executive, Judiciary and Media must be vigilant on such issues because Policy of appeasement leads to partition of India in 1947.Partition of India signifies failure of acceptance of historical process of assimilation by the population  who went to Pakistan. But after 75 years, lack of  atmosphere of cohort and peace after the partition of India among a section of population  raises number of question about the unity & integrity of India.