India’s Hijab Ban: Limits of the Democratic Constitutional Order

In March of 2022, the Indian High Court in Karnataka upheld the government ban on Hijab in schools as constitutional. The Hijab ban, petitioned (largely) by Indian female students, was implemented as a government order to ban religious clothing in schools (targeting Muslim minorities in particular). In response, Muslim women passionately defended their presupposed constitutional and religious right to wear the Hijab (under Article 25 of the Indian Constitution), culminating in a long-form legal and social onslaught of petitions and protests. Yet, until the Supreme Court rules on the issue, the High Court’s ruling will remain the definitive answer to the question: Was the Hijab ban unconstitutional? In March of 2022, the Indian High Court in Karnataka upheld the government ban on Hijab in schools as constitutional. The Hijab ban, petitioned (largely) by Indian female students, was implemented as a government order to ban religious clothing in schools (targeting Muslim minorities in particular). In response, Muslim women passionately defended their presupposed constitutional and religious right to wear the Hijab (under Article 25 of the Indian Constitution), culminating in a long-form legal and social onslaught of petitions and protests. Yet, until the Supreme Court rules on the issue, the High Court’s ruling will remain the definitive answer to the question: Was the Hijab ban unconstitutional?  Continue reading India’s Hijab Ban: Limits of the Democratic Constitutional Order