Indian Constitutional Scholars and Rights Activists Criticize School Hijab Ban Ruling
New
Age Islam News Bureau
02
April 2022
•
Islamic Women’s Council of New Zealand Launch Crowd Funding for Ramadan
•
Taliban Blocked Unaccompanied Women from Flights, Two Afghan Airline Officials
Said
•
Pakistan women sweep baseball series against Malaysia
•
Women Do More than Men in Turkish Family, Survey Shows
Compiled
by New Age Islam News Bureau
URL: https://www.newageislam.com/islam-women-feminism/constitutional-scholars-hijab-ban/d/126711
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Indian
Constitutional Scholars and Rights Activists Criticize School Hijab Ban Ruling
Indian Muslim students wearing hijabs and face masks
gather to meet student activists in Kundapur in district Udupi, Karnataka
state, India, Saturday, Feb. 26, 2022. An Indian court ruling upholding a ban
on Muslim students wearing head coverings in schools has sparked criticism from
constitutional scholars and rights advocates amid concerns of judicial
overreach regarding religious freedoms. (AP Photo/Aijaz Rahi)
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April
02, 2022
NEW
DELHI: A recent court ruling upholding a ban on Muslim students wearing head
coverings in schools has sparked criticism from constitutional scholars and
rights activists amid concerns of judicial overreach regarding religious
freedoms in officially secular India.
Even
though the ban is only imposed in the southern state of Karnataka, critics
worry it could be used as a basis for wider curbs on Islamic expression in a country
already witnessing a surge of Hindu nationalism under Prime Minister Narendra
Modi’s governing Bharatiya Janata Party.
“With
this judgment, the rule you are making can restrict the religious freedom of
every religion,” said Faizan Mustafa, a scholar of freedom of religion and vice
chancellor at the Hyderabad-based Nalsar University of Law. “Courts should not
decide what is essential to any religion. By doing so, you are privileging
certain practices over others.”
Supporters
of the decision say it’s an affirmation of schools’ authority to determine
dress codes and govern student conduct, and that takes precedence over any
religious practice.
“Institutional
discipline must prevail over individual choices. Otherwise, it will result in
chaos,” said Karnataka Advocate General Prabhuling Navadgi, who argued the
state’s case in court.
Before
the verdict more than 700 signatories including senior lawyers and rights
advocates had expressed opposition to the ban in an open letter to the court’s
chief justice, saying, “the imposition of an absolute uniformity contrary to
the autonomy, privacy and dignity of Muslim women is unconstitutional.”
The
dispute began in January when a government-run school in the city of Udupi, in
Karnataka, barred students wearing hijabs from entering classrooms. Staffers
said the Muslim headscarves contravened the campus’ dress code, and that it had
to be strictly enforced.
Muslims
protested, and Hindus staged counterdemonstrations. Soon more schools imposed
their own restrictions, prompting the Karnataka government to issue a statewide
ban.
A
group of female Muslim students sued on the grounds that their fundamental
rights to education and religion were being violated.
But
a three-judge panel, which included a female Muslim judge, ruled last month
that the Qur’an does not establish the hijab as an essential Islamic practice
and it may therefore be restricted in classrooms. The court also said the state
government has the power to prescribe uniform guidelines for students as a
“reasonable restriction on fundamental rights.”
“What
is not religiously made obligatory therefore cannot be made a quintessential
aspect of the religion through public agitations or by the passionate arguments
in courts,” the panel wrote.
The
verdict relied on what’s known as the essentiality test — basically, whether a
religious practice is or is not obligatory under that faith. India’s
constitution does not draw such a distinction, but courts have used it since
the 1950s to resolve disputes over religion.
In
2016, the high court in the southern state of Kerala ruled that head coverings
were a religious duty for Muslims and therefore essential to Islam under the
test; two years later India’s Supreme Court again used the test to overturn
historical restrictions on Hindu women of certain ages entering a temple in the
same state, saying it was not an “essential religious practice.”
Critics
say the essentiality test gives courts broad authority over theological matters
where they have little expertise and where clergy would be more appropriate
arbiters of faith.
India’s
Supreme Court is itself in doubt about the test. In 2019 it set up a nine-judge
panel to reevaluate it, calling its legitimacy regarding matters of faith
“questionable”; the matter is still under consideration.
The
lawsuit in Karnataka cited the 2016 Kerala ruling, but this time the justices
came to the opposite conclusion — baffling some observers.
“That’s
why judges make for not-so-great interpreters of religious texts,” said Anup
Surendranath, a professor of constitutional law at the Delhi-based National Law
University.
Surendranath
said the most sensible avenue for the court would have been to apply a test of
what Muslim women hold to be true from a faith perspective: “If wearing hijab
is a genuinely held belief of Muslim girls, then why ... interfere with that
belief at all?”
The
ruling has been welcomed by Bharatiya Janata Party officials from Mukhtar Abbas
Naqvi, the federal minister of minority affairs, to B. C. Nagesh, Karnataka’s
education minister.
Satya
Muley, a lawyer at the Bombay High Court, said it’s perfectly reasonable for
the judiciary to place some limits on religious freedoms if they clash with
dress codes, and the verdict will “help maintain order and uniformity in
educational institutions.”
“It
is a question of whether it is the constitution, or does religion take
precedence?” Muley said. “And the court’s verdict has answered just that by
upholding the state’s power to put restrictions on certain freedoms that are
guaranteed under the constitution.”
Surendranath
countered that the verdict was flawed because it failed to invoke the three
“reasonable restrictions” under the constitution that let the state interfere
with freedom of religion — for reasons of public order, morality or health.
“The
court didn’t refer to these restrictions, even though none of them are
justifiable to ban hijabs in schools,” Surendranath said. “Rather, it
emphasized homogeneity in schools, which is opposite of diversity and
multiculturalism that our constitution upholds.”
The
Karnataka ruling has been appealed to India’s Supreme Court. Plaintiffs
requested an expedited hearing on the grounds that a continued ban on the hijab
threatens to cause Muslim students to lose an entire academic year. The court
declined to hold an early hearing, however.
Muslims
make up just 14 percent of India’s 1.4 billion people, but nonetheless
constitute the world’s second-largest Muslim population for a nation. The hijab
has historically not been prohibited or restricted in public spheres, and women
donning the headscarf — like other outward expressions of faith, across
religions — is common across the country.
The
dispute has further deepened sectarian fault lines, and many Muslims worry
hijab bans could embolden Hindu nationalists and pave the way for more
restrictions targeting Islam.
“What
if the ban goes national?” said Ayesha Hajjeera Almas, one of the women who
challenged the ban in the Karnataka courts. “Millions of Muslim women will
suffer.”
Mustafa
agreed.
“Hijab
for many girls is liberating. It is a kind of bargain girls make with
conservative families as a way for them to go out and participate in public
life,” he said. “The court completely ignored this perspective.”
Source:
Arab News
https://www.arabnews.com/node/2055426/world
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Islamic
Women’s Council of New Zealand Launch Crowd Funding for Ramadan
(Image from Givealittle Page)
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Supplied
Content
April
2, 2022
The
Islamic Women’s Council of New Zealand (IWCNZ) launched its first crowdfunding
campaign on March 31, 2022, with a video explaining its needs and aspirations.
The
campaign is scheduled to be run during the Holy Month of Ramadan
The
aim is to obtain the financial support needed to effectively run sustainable
programming and leadership development for Muslim women.
The
Council’s National Coordinator Aliya Danzeisen said that while many are
familiar with the Council’s public advocacy, its core business includes
community development and creating opportunities to help Muslim women flourish
within their families, communities, and the country.
“IWCNZ
serves as the national voice for more than 30,000 Muslim women and we have been
working tirelessly for several years to address the challenges placed on our
community. New Zealanders have regularly
asked us how they can help. The campaign
offers a practical solution that will have long-term impact,” she said.
Donations
to IWCNZ through its Givealittle page will go towards programming and
leadership opportunities for Muslim women in New Zealand.
“We
are taught that those who give in charity will see the benefits multiplied.
Through this campaign, we are asking everyone to help us stand strong and
steadfast as Muslim women in New Zealand,” Ms Danzeisen said.
From
Givealittle Page
The
Islamic Women’s Council of New Zealand (IWCNZ) stand alongside the Muslimah of
our country, supporting them to effectively navigate life’s personal and
professional challenges, to feel comfortable in their identity as strong and
steadfast Muslim women.
While
some may be familiar with our social justice advocacy, both before and since
the Christchurch terrorist attacks; our core business remains community
development and creating opportunities so Muslim females can flourish within
their families, communities and Aotearoa.
Starting
with only 150 Muslimah over 30 years ago, IWCNZ is now the national voice for
more than 30,000. The demands on IWCNZ have increased as our community has
grown.
We
ask that you join us on the journey forward and contribute to IWCNZ. We aspire
to raise $50,000 at the outset; but long-range, our funding goals are
significantly higher as we wish to (a) provide sustainable programming and
develop leadership opportunities (b) employ youth workers, counsellors and social
workers (c) offer Muslimah throughout New Zealand safe venues for learning and
skill development
As
a gift, we share the educational resources we produced with the Ministry of
Education including five children’s storybooks, posters of New Zealand Muslim Women
and a resource booklet.
Source:
Indian News Link
https://indiannewslink.co.nz/islamic-women-launch-crowdfunding-for-ramadan/
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Taliban
Blocked Unaccompanied Women from Flights, Two Afghan Airline Officials Said
March
26, 2022
ISLAMABAD:
Afghanistan’s Taliban rulers refused to allow dozens of women to board several
flights, including some overseas, because they were traveling without a male
guardian, two Afghan airline officials said Saturday.
The
officials, who spoke on condition of anonymity for fear of repercussions from
the Taliban, said dozens of women who arrived at Kabul’s international airport
Friday to board domestic and international flights were told they couldn’t do
so without a male guardian.
Some
of the women were dual nationals returning to their homes overseas, including
some from Canada, according to one of the officials. Women were denied boarding
on flights to Islamabad, Dubai and Turkey on Kam Air and the state-owned Ariana
Airline, said the officials.
The
order came from the Taliban leadership, said one official.
By
Saturday, some women traveling alone were given permission to board an Ariana
Airlines flight to western Herat province, the official said. However, by the
time the permission was granted they had missed their flight, he said.
The
airport’s president and police chief, both from the Taliban movement and both
Islamic clerics, were meeting Saturday with airline officials.
“They
are trying to solve it,” the official said.
It
was still unclear whether the Taliban would exempt air travel from an order
issued months ago requiring women traveling more than 45 miles (72 kilometers)
to be accompanied by a male relative.
This
latest assault on women’s rights in Taliban-run Afghanistan comes just days
after the all-male religiously driven government broke its promise to allow
girls to return to school after the sixth grade.
The
move enraged the international community, which has been reluctant to recognize
the Taliban-run government since the Taliban swept into power last August,
fearing they would revert to their harsh rule of the 1990s. The Taliban’s
refusal to open up education to all Afghan children also infuriated large
swaths of the Afghan population. On Saturday, dozens of girls demonstrated in
the Afghan capital demanding the right to go to school.
After
the Taliban’s ban on girls education beyond the sixth grade, women’s rights
activist Mahbouba Seraj went on Afghanistan’s TOLO TV to ask: “How do we as a
nation trust you with your words anymore? What should we do to please you?
Should we all die?”
An
Afghan charity called PenPath, which runs dozens of “secret’ schools with
thousands of volunteers, is planning to stage countrywide protests to demand
the Taliban reverse its order, said Matiullah Wesa, PenPath founder.
On
Saturday at the Doha Forum 2022 in Qatar, Roya Mahboob, an Afghan businesswoman
who founded an all-girl robotics team in Afghanistan, was given the Forum Award
for her work and commitment to girls education..
In
an interview after receiving the award, Mahboob called on the many global
leaders and policy makers attending the forum to press the Taliban to open
schools for all Afghan children.
The
robotics team fled Afghanistan when the Taliban returned to power but Mahboob
said she still hoped a science and technology center she had hoped to build in
Afghanistan for girls could still be constructed.
“I
hope that the international community, the Muslim communities (have not)
forgotten about Afghanistan and (will) not abandon us,” she said. “Afghanistan
is a poor country. It doesn’t have enough resources. And if you take (away) our
knowledge, I don’t know what’s going to happen.”
Source:
Arab News
https://www.arabnews.com/node/2050756/world
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Pakistan
women sweep baseball series against Malaysia
March
30, 2022
LAHORE:
Pakistan made a clean sweep of the women’s baseball series against Malaysia on
Tuesday comfortably winning the third and final match 15-6 here at Bahria Town.
For
Pakistan, Humaira Khan, Umme Hani, Rashida Parveen and Ayesha Ijaz scored two
runs each while Sidra Riyasat, Madiha, Zainab Riaz, Zahida Ghani, Asia
Siddique, Noorina and Maryam contributed one apiece.
Noor
Afrina scored a couple for Malaysia while Alina, Noor Shuhada, Ayesha and Aina
contributed one each.
At
the match, chief guest retired Brig. Khalilullah Butt distributed medals and
trophies among the players.
Commenting
on the series triumph, Pakistan captain Zainab Riaz said the entire team worked
hard to win the matches handsomely.
“The
girls proved they have the talent and if they are patronised further they can
excel in this game.”
Malaysian
captain Ayesha, meanwhile, said her team played well but admitted the hosts
showed high class performance.
While
congratulating Pakistan for the overwhelming victory, Ayesha said Malaysia
would again like to tour and would also invite Pakistan to play in her country.
Source:
Dawn
https://www.dawn.com/news/1682474/pakistan-women-sweep-baseball-series-against-malaysia
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Women
do more than men in Turkish family, survey shows
APR
01, 2022
Women’s
role in households has not changed much in Turkey, where men rarely contribute
to the chores, if at all. The results of the "Family Structure
Survey" announced on Friday by the Turkish Statistical Institute
(TurkStat) verify this fact and demonstrate that in most homes, only one person
does all the chores.
According
to the survey conducted in 2021, all housework except painting the house was
generally undertaken by one member of each household, from laying the dinner
table to washing dishes and even serving tea in the evenings, a favorite
pastime of most families in Turkey. The survey shows that women are
overwhelmingly tasked with child care, doing the laundry and cooking alone
most.
Nevertheless,
decisions are made “jointly” when it comes to having fun. The TurkStat survey
shows household members make joint decisions on where and when to go on
vacation, at a rate of 94.7%. Decisions are also jointly made by the husband,
wife and/or other members of the household in picking the place to go for a
weekend outing, from dining out to entertainment venues. Couples also decide
together on visits to relatives, friends, etc. Men, however, decide alone more
on issues like how to prioritize expenditures or on vacations. Women decide alone
on other issues that invariably involve chores, like what to cook for
lunch/dinner and shopping for children’s needs.
The
survey also shows that families are not always together on weekdays and most
families gather regularly over the weekends and over dinners.
Arranged
marriages
The
survey also sheds light on how the couples got married and what causes
divorces. Arranged marriages constituted 46.1% of first marriages of citizens,
while 10.7% of arranged marriages were the result of families marrying off their
children without seeking the latter’s consent or opinion. Some 34.9% of
marriages were the result of the individual's own decision and with their
parent's approval. The rate of couples who eloped against the wishes of their
families was 5.3%.
The
arranged marriage rate was almost the same for men and women, but the
proportion of women who married against their wishes and upon their parents’
pressure was higher than men who committed to marriages arranged by their
parents without their consent.
The
higher the educational level, the less the rate was of arranged marriages
without the consent of the spouses, the survey indicated.
The
majority of marriages were between the ages of 20 and 24 for those who were
married for the first time. Women married at an earlier age compared to men.
For instance, the number of women who got married before the age of 18 was
24.2%, while this rate was only 4.4% for men. Women and men interviewed for the
survey overwhelmingly said that the appropriate first marriage age for women
was between the ages of 25 and 29. Only 1.4% of marriages were preceded by
prenuptial agreements, the survey shows.
The
survey also sheds light on people who abstain from marriage, at least for some
time. People at the age of 15 and over who did not plan to get married at least
within the next three years said they prioritized their education. Both women
and men cited continuing their education as the main reason for delaying
marriage plans. Other reasons to postpone or abstain from marriage were insufficient
income and the lack of job prospects.
Money,
indeed, is figured as the main reason for marriage problems. Spouses mostly had
problems regarding expenditures, while the main reason for disputes among
married couples was the devotion of less time to each other, income-related
problems, individual responsibilities and smoking habits.
As
for divorces, the primary reason for divorce was an “irresponsible and careless
attitude,” according to divorced spouses. It was followed by cheating,
inability to financially provide for the family and domestic violence.
Irresponsible and careless attitudes also refer to fading love between the
spouses over years. Another important reason for divorce, after an
irresponsible and careless attitude, was parents interfering with their family
matters. For women, cheating came second in divorce reasons, ahead of domestic
violence.
Source:
Daily Sabah
https://www.dailysabah.com/turkey/women-do-more-than-men-in-turkish-family-survey-shows/news
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URL: https://www.newageislam.com/islam-women-feminism/constitutional-scholars-hijab-ban/d/126711