Allahabad HC hijab verdict violates Constitution, says Owaisi
Synopsis
Key Takeaways
All India Majlis-e-Ittehadul Muslimeen (AIMIM) President Asaduddin Owaisi on Tuesday night sharply condemned the Allahabad High Court's ruling that the hijab is not essential to Islam, calling it an 'attack on Islam' and arguing it violates fundamental rights guaranteed by the Indian Constitution. Owaisi made the remarks while addressing a public gathering at the party's Hyderabad headquarters, Darussalam, on the occasion of Milad-un-Nabi.
Owaisi's Constitutional Argument
The Hyderabad Member of Parliament invoked Articles 25 and 19 of the Constitution — which protect freedom of religion and freedom of expression respectively — to challenge the court's ruling. 'Allahabad High Court has given a judgment today. One of our daughters was wearing Hijab to school. The Court ruled that one cannot wear a Hijab. I disagree with this High Court judgment. This violates Articles 25 and 19 of the Indian Constitution. Who are you to decide what is essential to Islam. It is an attack on Islam,' he said.
Owaisi further pointed out that the Supreme Court has already held the right to privacy to be a fundamental right, framing the hijab as an extension of personal religious practice that the state cannot adjudicate upon.
Criticism of Uniform Civil Code
Owaisi also trained his sights on the Uniform Civil Code (UCC), which has been implemented in Uttarakhand, and is reportedly under consideration in Assam and Gujarat. He alleged that the code, far from being uniform, is rooted in Hindu personal laws — specifically the Hindu Marriage Act, the Hindu Divorce Act, and the Hindu Succession Act. 'Uniformity is not equality... How can they be called a Uniform Civil Code? Why should these laws be imposed on Muslims when they are rooted in Hindu personal laws?' he asked.
Broader Political Attacks
Targeting the Rashtriya Swayamsevak Sangh (RSS), Owaisi alleged that four days after the Indian Constitution was adopted, the RSS had complained that the Manusmriti should have been adopted instead. He also pushed back against Uttar Pradesh Chief Minister Yogi Adityanath's remarks about Mohammed Ali Jauhar, reminding him that Jauhar was a central figure of the Khilafat Movement and that RSS founder Hedgewar himself had once gone to jail in support of the same movement.
On the 'Vande Mataram' controversy, Owaisi argued that Mahatma Gandhi, Netaji Subhas Chandra Bose, and Rabindranath Tagore had collectively decided that singing of the song would be restricted to its first two stanzas. He accused the Centre of disrespecting these leaders by legislating on the matter. 'Is Prime Minister Narendra Modi more intellectual, more patriotic than Mahatma Gandhi, Netaji Subhas Chandra Bose, Rabindranath Tagore?' he asked.
On Unemployment and Governance
Owaisi alleged that the Modi government was using issues such as the Uniform Civil Code, 'Vande Mataram', and 'gau raksha' to divert attention from economic failures, citing a figure of 11 crore unemployed youth in the country. He also noted that India remains the world's largest beef exporter, questioning what he described as the government's double standards on food habits and religious sentiment. He warned that the youth would take to the streets if jobs were not delivered.