An Intervention Application in Karnataka High Court filed on Tuesday(22 February) in the ongoing hearings over allowing Hijab in government educational institutes has challenged the original petitioners’ plea that veil is an essential practice in Islam.
The five Pillars of Islam namely Shahada, Salat, Zakat, Sawm and Hajj do not include Hijab and thus isn’t a core practice as per Islamic rules, the intervention petition says.
The petition has been filed by activist Sanjeev Newar, journalist Swati Goel Sharma and scientist Vashi Sharma through advocate Shashank Shekhar Jha, Abhimanyu Devaiah, Kundan Chauhan & Rajan Sri Krishnan. The petition challenges the Quranic source used by lawyer of original petitioners to argue that Hijab is essential practice of Islam, by citing more than 15 verses from it that spew hate against polytheists, unbelievers of Islam and idol-worshippers.
“If the interpretation mentioned by the [original] petitioners is being considered by this Hon’ble Court, will the interpretation presented by the applicants from the same source of verses about violence against idolators, polytheists and disbelievers of Islam be also considered “essential practices” of Islam?” the petition asks.
From the same source, the intervention petition has cited several verses that call for violence against women and call them inferior humans than men. Will the court treat those interpretations as essential religious practice too, the petition asks.
The petition says that validating Hijab as essential religious practice will be a regressive step for the society in general and women in particular, and demands for Hijab are a ploy to subjugate women by forcing it on women who have not worn it for generations and further legitimise hate against the ‘unbelievers’.
The petition cites examples of several Muslim countries where Hijab or any kind of veil has not been mandatory for a long time except in countries where religious extremists are currently in power.
The petition further cites references from Hindu religious texts that mandate practices such as carrying Kamandal and long sticks for students. What if Hindu students begin demanding permits to carry these in educational institutes in the name of essential religious practices, the petition asks.
Author is Adv. Shashank Shekhar Jha
Supreme Court of India
Twitter @shashank_ssj
Pic Credit: Wiki and
