The ongoing controversy in the colleges of Karnataka over wearing of uniform has now assumed gigantic proportions with multiple narratives and hues, the prominent being the religious. A simple directive of educational department of the state and its execution by the colleges have put the entire episode into the domain of law, politics and ideology both at national and international level drawing a comment from Pakistan. Though the matter is now referred to the Court and can be called subjudice but an academic analysis will only help in understanding the issue and create an awareness. In fact, the rulings from the Court on these issues have never been uniform and have settled the debate forever rather it has only stokes further debates and disharmony a la, Sahabano vs Mohammad Aslam Khan (1986). In fact, these issues should not have to gone to the court in the first place and it only compromises the role of the superior courts which are supposed to deal with interpretation of Constitution and find legality. In the larger interest of the nation and from the perspective of the identity of the nationhood and integrity of education I would like to surmise the following points to buttress my argument in favour of the government.
First of all, we need to look at the autonomy of the institutions in general and more so educational institutions which are centers of equality both in theory and practice. It needs to be understood that an admission into an educational institution whether managed by government or private agencies requires a student to abide by its rules and regulations. Most educational institutions prefer to have a uniform for students partly to distinguish themselves from other institutions and more to spread a sense of equality among its students. That’s the educational arena and bringing its decision to public debate based on supposed religious practices is an injustice to education as an institution and an insult to religion which is more about realization than symbols. The communalization of education began not with the type and colour of clothing the students wear but its institutionalization in religious places and places of worship. If clothing was an issue, then there would be girl students in Madrasas and girls would be thronging the university campuses of Afghanistan not receiving bullets and brickbats for aspiring to study.
Secondly, education is a profession as well as a training ground for professionals and therefore, the type of cloth as a matter of personal liberty and freedom of choice does not arise. Can a doctor decide not to wear a white apron or lawyer a black robe? Don’t Hindus wear white cloths and Christians wear black cloths in funerals and have they ever contested their professional dress on the name of these practices. Further, though the Holy Koran talks of decency in cloths nowhere it prescribes hijab. And if it becomes a matter of choice decided by religion then what will happen if a person from Naga Sect or Digambar sect wants to come an education and want to exercise his choice?
Further, the courts in general and Supreme Court in particular has always made a distinction between the Article -19 and Article 25 as far as freedom in general and religious freedom in multicultural and secular State. The Court has also deliberated over the concept of absolute and relative freedom while dealing with reasonable restrictions. In this context, it has invoked essential religious practices. The case of Swami Abdhutanand Saraswati vs. Comissioner of Police, Calcutta, the Supreme Court held that ritual dance performed by the group holding human skull is not an essential practice of Hinduism. Similarly, giving freedom to educational institutions in terms of management the court has upheld their independence and autonomy as propounded in case of TMA Pai and Inamdar case. The recent single bench judgement of the High Court in Kerala in reference to hijab as well as the High Court of Assam on funding of Madrasa have heavily depended on these sound reasoning while dismissing these petitions. The observation by the court that there should be no religious clothing in school should bring sanity to these fanatics and they should mend their way.
It is pertinent to note that classrooms should be centres of educational instructions and the outside community must contribute to the development of these institutions rather than fermenting religious divide which has nothing to do with the curriculum. In a world increasingly being dominated by knowledge economy our focus should be on providing quality education, developing capabilities and generating employment rather than creating controversies about couture which lies in the field of fashion. In fact, it would be enlightening to know where were these so-called champions of freedom of choice when students were asked to put on uniform in Christian missionary schools. The ban on hijab in France did raise a controversy but it subsided as the government became firm on its stand. The rise of terrorism across the world and France becoming a victim of it did help in swing the public opinion.
Thirdly, we should remember that shooter Hina Siddhu and chess player Soumya Swaminathan decided not to participate in competitions in Iran which required them to wear burqua and were slammed across for their decision. Where were these secular and left liberals including Ms. Priyanka Gandhi to support their freedom? What would have happened if this order has come from non-BJP rules state? I think this more political based on vote bank politics and create religious and ferment social tension in order to maintain their grip over a section of people belonging to particular community. It is a shame that such leaders and their shenanigans go unpunished while the nation bleeds. Needless to add, the time has come where we have to support the autonomy of educational institutions and ensure a secular standards and jettison religious obscurantism.
(The author is Dean, Department of Distance Education and Chairperson, Centre for Socio-Legal Studies at National Law Institute University, Bhopal. The views are personal. Email: tapanmohanty@nliu.ac.in).