By Maulana Mohammad Wali Rahmani,
There was news in almost all prominent daily newspapers on 31st March, 2009 which was published in The Times of India under the heading of “No Talibanization of India, Says SC”. The news published in reference to the Hon’ble Supreme Court came as a shocking incident for every Indian. I would rather say that any peace-loving Indian or any person being aware of Indian Constitution had never expected such remarks from a reputed and Hon’ble Judge like Mr. Justice Markandey Katju.
The matter carries along the name of a higher secondary school in Madhya Pradesh, namely Nirmala Convent, in its background. It is a minority institution where Hindu, Muslim and Sikh students study altogether. The school has a dress code that implements shaving beards off as compulsion. Despite this administrative direction as per the dress code of the school, Sikh students keep beard and sport turbans.
A student called Mohammad Saleem was also studying in the same school. While reaching at a certain age, he was asked either to shave off his beard in adherence to follow the dress code or discontinue his study at that school. The student appealed the matter before the Hon’ble High Court of Madhya Pradesh. However, his request was turned down there. Thereafter, the matter was brought forward to the Hon’ble Supreme Court. The appeal of Mohammad Saleem was placed before the Hon’ble Supreme Court by Mr. B. A. Khan (Retd. Chief Justice of Kashmir High Court & Advocate, Supreme Court).
Mr. Justice Raveendran and Mr. Justice Markandey Katju concluded that under Article 30 of the Indian Constitution, minorities had the right to establish their own institutions with their own set of rules. Hence the Supreme Court could not ask Nirmala Convent to make changes in its dress code. This is an important aspect from legal point of view and this is the main reason for the rejection of the appeal!
In the same pretext, it is a point of consideration for the school administration as well as for legal experts that the same school allows Sikh students to keep beard and sport turbans. And if a Muslim or Hindu student of the same school go to school keeping beard and sporting a turban, would he be allowed or would be asked to shave off the beard and remove the turban. If the school administration allows Muslim and Hindu student for the same as well, then there is no point to argue further. However, if it is denied, then it is a clear discrimination on the basis of religion which is neither ever allowed by Indian Constitution nor it is expected from any sensible and civilized administration of a reputed institution.
Under Article 30 of Indian Constitution, minorities have got rights to establish and run their own institutions. Referring to this observation, there doesn’t seem to be any flaw in the above decision of the Hon’ble Supreme Court. However, the fundamental right also says that there cannot be any discrimination between two citizens on the basis of religion. Hon’ble judges have turned their eyes blind over this article. Mr. Justice Markandey Katju lost his control with anger when the advocate of the student Mohammad Saleem, Mr. B. A. Khan put the fact before the Court that the same school allows Sikh students to keep beard and sport turbans. His anger made him careless about his limitations and he passed on such remarks that stunned everyone and the news came out bearing a tagline “No Talibanization, Says SC”. The news articles contained further remarks of Mr. Katju saying, “Tomorrow a girl student may come and say that she wants to wear a burqa, can we allow it?”
This issue also relates to the freedom of expression, which is not relevant to Indian Constitution only but also a widely accepted fact among legal experts across the globe. It has been more than a fortnight since such remarks have been given. There hasn’t been any clarification or any condemnation from the Hon’ble Judge till now!
What can we say other than religious discrimination on whatever has been done by Nirmala Convent? And what can we comment on that Justice Katju said! Would Mohammad Saleem have not been thinking that the discrimination is just on the basis of religion? What else can a civilized and sensible person can think about besides this?
Mr. Katju’s remarks on burqa reminded me of those days when there happened to be Sangh curfew on burqa in an institution in Karnataka and girl students were forced to choose from either burqa or study. If the names of the Hon’ble Supreme Court and Justice Katju are left apart, similar ideology and thinking seem to be working on this remark as that worked there in the incident of Karnataka!
(The author is Sajjada Nasheen, Khanqah Rahmani, Munger)