INTERROGATING EQUAL CITIZENSHIP AND GLOBAL ISLAMOPHOBIA: CONTEXTUALISING THE HIJAB BAN IN INDIA

Abstract

This paper critically examines the 2021–22 hijab ban in educational institutions in the Indian state of Karnataka through a dual analytical framework: the principles of equal citizenship within India’s constitutional secularism and the pervasive influence of global Islamophobic narratives. Employing a qualitative, interdisciplinary methodology, the study integrates doctrinal legal analysis with critical theoretical perspectives on minority rights, educational autonomy, and intersectional discrimination. It draws upon constitutional and statutory interpretation, judicial decisions, and secondary sources such as human rights reports and academic literature to assess the socio- legal implications of the ban. The paper argues that the Karnataka hijab ban fundamentally undermines the tenets of equal citizenship by creating a two-tiered system of rights for Muslim minorities. By contextualising the Indian hijab ban within global Islamophobic discourses and comparative legal frameworks such as the French model of laïcité, the paper analyses how misrepresented notions of gender roles in Islam are weaponised to justify restrictions on Muslim women’s attire, thereby reinforcing existing prejudices within the Indian socio-political landscape. The paper also critically engages with the judicial discourse surrounding the ban, including the Karnataka High Court’s verdict and the Supreme Court’s split judgment, highlighting their implications for the protection and interpretation of religious minority rights in India. By synthesising these lenses, the paper offers a comprehensive understanding of the multifaceted challenges posed by the Karnataka hijab ban to democratic ideals and social cohesion in a diverse, secular nation.