Thread by @LawBeatInd

SC Advocate Kanu Agrawal extrapolates extent of latitude which is granted to States in pursuing legitimate aims of reforms & states that ignoring mandate for reform & rendering hijab as a mere matter of "choice", has serious consequences.
#HijabRow
lawbeat.in/columns/consti…

#KarnatakaHijabRow - "Without going in to the sociological details of the issue of hijab or the strength of the religious sanction backing it, it is undeniable that it does, in fact represent a societal imposition of modesty culture on a womans’ body." Agrawal writes

"Renowned professor & author Asra Nomani, in the New York Times calls Hijab something that “sexually objectifies women as vessels for honour & temptation”, represents purity culture which “covers, segregates, subordinates, silences, jails and kills women & girls (..)" #HijabRow

"Choosing not to wear the hijab has been criminalised in various countries across the world where the almost non-existent reform movement advocates against such laws. The basis of this is that a hijab may not have any direct religious sanction." - Agrawal writes

"SC of India has often approved & advocated reform within majority community, however failed to apply same standard to minority communities. Comparative analysis of the Dawoodi Bohra excommunication case with Devaru Saraswath Brahmin Temple case brings it to fore"- Agrawal writes

"In French ban on face veils case (S.A.S Vs. France) Court accepted that the barrier raised against others by a veil concealing the face is perceived by the respondent... as breaching the right of others to live in a space of 'socialisation' which makes living together easier"

"Choice, by itself, entails element of the person making it, aware of the experience of NOT making it. It may also be considered that once such practices are inculcated and enforced from a very young age at every level, it may not always remain a matter of choice" Agrawal writes