Hijab Case through the Lens of Constitutional Secularism: Critical Assessment

Abstract

Following Karnataka's recent restriction on pupils covering their school uniforms with a headscarf in class, many inquiries were raised. On March 15, 2022, a three-judge bench of the Karnataka HC dismissed the petitions contesting the ban, bringing some end to the conflict. The HC took a direct route to its conclusion, which was that donning a headscarf is not fundamentally religious nor a necessary practice of any religion. Although it affects the rights to privacy, autonomy, and agency, the Court finds that the ban is a legally allowed restriction.

However, the focus of the paper is to concentrate on the Court's justification and conclusion, which is based on India's dedication to secularism. The religious fanaticism is dragging the nation to downward stage of growth, hence the deliberation is required in the light of Constitutional Secularism.