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Hijab A Soul Racist

The heading of the article itself defines or reflects what I meant to analyze or review the way forward in this article the issue, constitutionality, polarisation, and judicial interpretation.

As India is on the track to flattering its golden wings of 75 years of independence Azadi ka Amrit Mahotsav and also highlighting its futuristic vision as Amrit kal which can be evident in recent budget presentation, is there is a need to bring a uniform civil code that can fulfill the inequality deficit in context to minority, poverty and religious practices?

The whole article is written under the provision of Article 19 of the Indian constitution and thereby it is not objected to destabilize or target any specific majority community or have a tilted perception towards any political parties recognized by the representation of people act.

Let's start the concert and pivotal roots of describing hijab as a practice can be defined as wearing a black or any color shawl, cloth from upwards layers that hide the female sensitive organs which may include reproductive parts as well as some skin covering is also included.

As per human psychology and studies, it had been mentioned that wearing such type of privacy resistance outwears may reduce the crime rate in respect to attraction and sexual liabilities, due to following reasons as coverage of females body parts may reduce the attraction level as after analyzing the parts of the body-brain used to release hormones which are quite biological and natural.

Thus it cannot be defined as a wrongful biological interpretation but the point is to upgrade the thought process which can be attributed to ethical infusion and infrastructure development on studies and thus the concept of wearing hijab can also be included as the right to privacy under Indian constitution as well as under Muslim law and in terms of religion structure it is communitarian and abides with some or few liberal theories or ideology.

Now let's talk about that is wearing hijab is a fundamental right under article21,25 and 14 of the Indian constitution but before let's showcase its backbone is -Article 25 in The Constitution Of India 1949

25. Freedom of conscience and free profession, practice and propagation of religion:

  1. Subject to public order, morality, and health and the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice, and propagate religion
  2. Nothing in this article shall affect the operation of any existing law or prevent the State from making any law
    1. regulating or restricting any economic, financial, political, or other secular activity which may be associated with religious practice;
    2. providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus
Explanation I:
The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion

Explanation II:
In sub-clause (b) of clause reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly then the answers is of course, yes Muslims have also this rights but one should always remember that all fundamental rights are not absolute, inlay term state or government can impose reasonable restriction on public law and order, morality, health, and national security.

But wearing a hijab is not a logical reason to be imposed under national security as it is one of the internal religious practices under Islam and Mohammedan law. similarly, if the provider needs to be analyzed that in Sikh as well as in Hinduism tika reflection can also be observed as a religious practice.so if under the article 25 sub-clause wearing kirpans can be allowed and included under reasonable exceptions then is there is any issue in including the hijab??

I don't think so because as per Mohammedan law which frames laws from i9slamic principles then privacy which in context to wearing hijab is also pivotal and basic religious practice. If we try to bring uniformity then in all cases it should be imposed because if it doesn't it would bring majoritarianism, fascism, and a feeling of being suppressed which in term will indirectly affect human psychology and lead to social, political, and economical violence. [1]

And as per the report, India had observed an increased rate of communal riots which in percentage can be calculated as 96%. When these riots would take place on the ground of wearing a cloth which doesn't have any unrealistic or illogical impact on society as we had observed in Sabarimala case that supreme court ruled that menstrual women have the right to enter and devote Sabarimala temple, it was said because there was irrational choice and romanticism in that concept which scientifically and religiously doesn't fulfill the obligation of restriction that was imposed later.[2]thus it now fulfills articles 14,19,21 and even 32 of the Indian constitution.

There is some judicial observation that needs to be highlighted to convey this article is that Kerala high court in Fathima Tasneem v state of Kerala (2018) observed that it is the collective rights of the institution which would be followed and not the individual rights, but here my question is that is article 32 and 25 of the Indian constitution is collective in nature, unlike public interest litigation???

It is the right that is available to individual citizens of the state. i am not writing anything that imposes contempt of court liabilities against me but I am just analyzing and upgrading the logical reasoning. And if yes then on the ground of national security uniform civil code shall be framed and articulated in such a beautiful manner that when India celebrates Azadi ka Amrit Mahotsav we can neither differentiate between any colors and focused on tricolor.

End-Notes:
  1. https://indianexpress.com/article/india/in-pandemic-year-covid-violations-push-up-crime-rate-by-28-ncrb-7510456/
  2. https://indiankanoon.org/doc/163639357/



    Hijab A Soul Racist





    Award Winning Article Is Written By: Mr.Intekhab Ahmad
    Awarded certificate of Excellence
    Authentication No: MR207564908403-16-0322

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