Islamophobia

• INDIA: ‘An effective civil society is essential for advancing human rights’

  CIVICUS speaks about the recent ban on the hijab, a headscarf worn by Muslim women, in educational institutions in the Indian state of Karnataka with Aiman Khan and Agni Das of the Quill Foundation. 

  Founded in 2015, the Quill Foundation is an Indian civil society organisation (CSO) engaged in research and advocacy. Its work focuses on the human rights issues faced by underprivileged people, especially Adivasis, Dalits, Muslims, women, sexual minorities and differently abled persons.

  Why was the use of the hijab banned in Karnataka schools? 

  The hijab ban should be seen in the wider socio-political context of India. Since the beginning of 2022, Indian Muslim women have been subjected to violence and discrimination carried out by multiple offenders. It started with an app called ‘Bulli Bai’ that placed vocal Muslim women in an online auction. This violated their privacy, as it used their photos and information without their consent.

  Shortly after that, girls wearing the hijab were not allowed to enter a couple of colleges in Karnataka state in southwest India because the administration deemed the hijab a violation of the dress code for schoolgirls. This was followed by a Karnataka government order on 5 February. While this government order did not specifically ban the hijab, it did say that such ban would not violate Article 25 of the Indian Constitution, which guarantees all citizens the right to freedom of conscience as well as freedoms to profess, practise and propagate religion. As the girls who were restricted from wearing the hijab filed petitions in the high court, the verdict decided against them and chose to impose what they should wear. Both the state government and the high court used the excuse of maintaining ‘uniformity’ in educational institutions to impose restrictions on Muslim women wearing the hijab.

  Following that order, several incidents of discrimination and violence against Muslim women were reported. They could not enter their educational institutions if they did not remove their hijab. Although the order did not include teachers, Muslim teachers were also asked to remove their hijab or burqa, a full body covering, at the gate of the campus. 

  How does the hijab ban relate to the overall status of minorities in India? 

  The hijab ban is arbitrary. it goes against India’s constitutional promise of secularism and fits into the trend of authorities using the law to criminalise minority communities. For instance, Karnataka’s anti-conversion law set barriers on converting to Islam or Christianity and made it more difficult for interfaith couples to marry. Following this law, the Christian community faced rising threats and violence as well as increased attacks on their places of worship.

  Generally speaking, minority communities are subjected to vilification because they are framed as ‘the other’. The Muslim minority is a specific target of persecution. At mass assemblies of the Hindu community, calls are often made for the genocide of the Muslim community and the mass rape of Muslim women. Calls for social and economic boycott of Muslims have been repeated frequently over the past few years. This has included taking mass oaths to boycott Muslims.

  Muslim business owners have suffered the full brunt of this incitement. In the states of Gujarat and Madhya Pradesh, some Muslim-owned shops have been set on fire by rioters or demolished by the very same authorities that should protect them. The perpetrators of such communal violence enjoy impunity and face no consequences. 

  The restriction on the use of the hijab was introduced in the context of this rising culture of intolerance. Even though the court limited the restriction to within the classroom, it has been implemented far and wide, including to suspend Muslim women teachers and other working Muslim women. 

  What are the implications of the hijab ban for women’s rights?

  The high court’s verdict, which kept the ban on the basis that the hijab is not an essential part of Islam, erased Muslim women’s free will to choose for themselves and violated not only their right to education but also their freedom of practise their religion. 

  Several studies suggest that due to systematic discrimination against the Muslim community, Muslim women in India encounter extreme hurdles in accessing education, especially higher education. In this context, the hijab ban is patriarchal and regressive in nature, because it makes decisions on behalf of Muslim women regarding what to wear and how to practise their faith.

  The decision further pushes Muslim women out of educational spaces and places them under threat in any public space. More than 400 Muslim girls have already been not allowed to appear for their exams and are facing distress, and attacks on Muslim women wearing hijabs and burqas have also increased across India. But the authorities have still not acknowledged the violence that Muslim women are going through.

  How has civil society responded to the ban?

  There have been protests on two fronts. The girls who have been directly affected by this restriction are protesting outside their college gates and holding demonstrations in other public spaces. But they are facing intimidation and threats by Hindutva vigilante groups while also being warned that they will be criminally charged for protesting. 

  In bigger cities, protests are also being organised by human rights CSOs and Muslim groups, and particularly by Muslim women. 

  Following the Karnataka high court ruling, CSOs have played an important role in raising awareness about the implications of the verdict. Several CSOs rejected the court order while also producing analysis to help the public understand its intricate legal language.

  Civil society has been able to respond in a tangible and timely manner, offering unconditional solidarity and support to the schoolgirls affected by the order and experiencing trauma resulting from violence, discrimination and harassment in the aftermath of the high court order. Some CSOs have offered mental health counselling and other services.

  Other CSOs have offered litigation support, in two forms: first, by representing individual cases of religious discrimination and providing legal support to those who missed out on exams due to the ban; and second, by petitioning on larger issues before courts of law. There have been several petitions before the Supreme Court of India to challenge the Karnataka high court order.

  In short, the civil society response has been key because of its capacity to play a full range of roles to drive change, from the micro to the macro level. An effective civil society is essential for advancing human rights in India, and the international community can play a vital role in reinforcing the work of local CSOs to amplify marginalised voices.

  Civic space in India is rated ‘repressed’ by theCIVICUS Monitor.
  Follow@aimanjkhan and@AgniDas26 on Twitter.

• INDIA: ‘Muslim girls are being forced to choose between education and the hijab’

  CIVICUS speaks about the recent ban on the hijab, a headscarf worn by Muslim women, in educational institutions in the Indian state of Karnataka with Zakia Soman, a women’s rights activist and co-founder of the Bharatiya Muslim Mahila Andolan (Indian Muslim Women's Movement, BMMA).

  Founded in 2007, BMMA is an independent, secular, rights-based civil society organisation (CSO) that advocates for the rights of women and the Muslim minority in India.

  Why have girls wearing the hijab been banned from school in Karnataka state?

  Girls in hijab were denied entry into classrooms in the name of the school uniform rules, with the authorities citing a circular that states that each student must comply with the uniform requirement in school. Both the Karnataka government and the high court played the uniform card to justify preventing Muslim women wearing the hijab from entering the college campus.

  While educational institutions undeniably have the right to set their own rules, these cannot infringe the fundamental rights granted by the Indian Constitution. According to Article 25 of our constitution, all citizens are guaranteed the right to freedom of conscience as well as freedoms to profess, practise and propagate religion.

  And under no circumstance can a dress code for schoolgirls be more important than education itself. Muslim girls have the right to be in school with or without the hijab, which is why I oppose those who promote the court’s verdict as a decision that empowers women. Although I don’t believe in the hijab, I think it is wrong to discriminate against girls wearing it. Our nation will only progress when girls have access to education regardless of their religious affiliation.

  Does the hijab row indicate the rise of anti-minorities voices in India?

  Although it may sound like an internal disciplinary matter over girls wearing the hijab, the wider context of the hijab row is one of religious polarisation and politics of hate towards Muslims. The hijab row is an integral part of the politics of religious hate in India’s polarised milieu, where Muslims are the target of the growing anti-Islam propaganda aired on TV as well as on social media platforms.

  There is a spiralling nationwide campaign against the Muslim community under the garb of religious festivities. Journalists and other monitors have found deliberate, concerted violence against life, property and businesses of India’s Muslim community carried out by hooligans claiming to celebrate religious festivals in the states of Delhi, Gujrat, Karnataka and many others. But ultimately, the Indian state must be held responsible for the terrible living conditions experienced by millions of Muslims.

  How has civil society responded to the ban?

  Civil society has extended solidarity to the affected girls and has supported them. However, civil society’s response has so far failed to impress the government and the high court, which sadly ruled to uphold the hijab ban inside classrooms in Karnataka state.

  As for opposition parties, they have been unable to run a sustained campaign to challenge the climate created by hate speech and open calls for the genocide of Muslims. This is why it’s so important for the international community to stand up and support the voices of sanity in India.

  What have pro-hijab protests achieved so far?

  Peaceful protests have been held in support of Muslim women’s right to wear the hijab in educational institutions. However, I am afraid that conservative elements of the Muslim community got involved in the protests in a way that aggravated matters, making Muslim girls and their families even more vulnerable to political onslaught.

  In my understanding, neither the hijab nor the burqa, a full body covering, is mandatory in Islam; however, patriarchal elements would like to put every Muslim girl and woman behind a burqa or hijab. The matter could have been easily resolved through dialogue between college authorities and parents. Instead, it got politicised, with different religious and political outfits jumping in the fray with their radical and antagonistic positions.

  As a result, Muslim girls found themselves in a tough position, being forced to choose between education and the hijab, which is outright unfair to them. Since many Muslim parents will not allow girls to go to school without the hijab and schools will not give them entry into class with the hijab, many girls have dropped out of their studies and have not sat their exams.

  Civic space in India is rated ‘repressed’ by theCIVICUS Monitor.
  Get in touch with BMMA through itswebsite and follow@BMMA_India on Twitter.

• INDIA: ‘The hijab ban is just another tool used by right-wing politicians to remain in power’

  CIVICUS speaks about the recent ban on the hijab, a headscarf worn by Muslim women, in educational institutions in the Indian state of Karnataka with Syeda Hameed, co-founder and board member of the Muslim Women’s Forum (MWF).

  Founded in 2000, MWF is a civil society organisation (CSO) working for the empowerment, inclusion and education of Muslim women in India. Its primary goal is to provide Muslim women with a platform for expressing their aspirations and opinions on matters directly affecting their lives.

  

  How did the hijab row start?

  The controversy started in the town of Udupi, a small secular district of Karnataka state in southwest India, where girls wearing the hijab were not allowed to enter a college campus because the administration deemed it a violation of uniform rules. Some students protested against the ban, and protests escalated into violence.

  From this tiny part of Karnataka, the hijab row spread to other parts of the country. In response to Muslim women wearing the hijab on campuses, many Hindu students took to wearing saffron shawls, a colour seen as a Hindu symbol.

  The matter reached a Karnataka high court as some Muslim students filed petitions claiming that they have the right to wear the hijab under the guarantees provided by the Indian Constitution. But the high court’s verdict kept the ban, arguing that the hijab is not an essential part of Islam. Surprisingly, the bench in Karnataka includes one Muslim woman judge.

  What triggered the decision by Karnataka’s educational institutions?

  The decision to ban Muslim students from wearing the hijab in colleges’ premises came as a surprise. Such a ban is strange to our society. Unlike in France, where it has long been under the spotlight, the hijab had until very recently never been prohibited in India.

  Karnataka state is known for its diverse society and pluralistic culture, with the two major religious groups, Hindus and Muslims, historically coexisting, along with a wide spectrum of other religious groups.

  However, the roots of the Karnataka hijab controversy are quite deep, and are linked to growing Islamophobia. Those in power have ignited a sectarian fuse all over India in every possible way. Right now, Karnataka state also has a right-wing government, which has created fertile ground for strain in Hindu-Muslim relationships.

  To them, the hijab ban is just another tool to remain in power. It is tied to current political events, notably the upcoming December election. Right-wing politicians fabricate issues that target Muslims, who are depicted as the ‘disruptive other’, to divert people’s attention from dire economic conditions. The hijab ban did the job well, as it captured media attention. Sensational media coverage only added fuel to the fire.

  How do you view the hijab ban from a gendered perspective?

  The hijab ban is a complete violation of women’s rights to express their own identities. It should be my choice alone whether to wear the hijab or not. I am a believing and practising Muslim and I don’t wear the hijab. Muslim women of my generation usually did not wear the hijab, but younger generations of Muslim women across the globe do. I see it as a search for an identity in the face of the charged atmosphere created by Islamophobia. Indian Muslim women have worn the hijab for about a quarter of a century.

  We don’t oppose school uniforms because there is good reason for them, especially in a country such as India and all other South Asian countries, where both religious diversity and social inequality lead to differences in dress. But the use of the hijab in educational institutions had never been put to debate before the current Karnataka right-wing government suddenly considered it a violation of the school uniform rules.

  As I said, in my generation very few girls wore the hijab, and therefore my uniform was skirt and blouse, which was acceptable at the time. Later, when girls started wearing the hijab, the situation escalated from establishing that their hijab should match the school uniform colours to starting to throw them out of schools.

  What is the overall status of Indian Muslims as a minority?

  As a former member of government, I observed the status of minorities change over time. From 2004 to 2014 I was a member of a now-extinct Planning Commission that was entrusted, among other responsibilities, with bringing minorities up to mark with society in every way possible. For ten years, we devised all kinds of schemes in the areas of education, employment and health, and tried to ensure minorities made the most of them. Our main tasks were to make these plans and ensure their implementation across the country by persuading the governments of India’s states to embrace them.

  Change was slow because we did not have the power to force implementation. A key moment was when the government commissioned a report on the status of Muslims that provided a very candid conclusion by a retired Supreme Court judge. It stated that India’s 200 million Muslims, the second largest Muslim population in the world, had the lowest status on all social and economic parameters when compared to other religious groups. It should have been a wake-up call for the Indian government.

  But since then, it has only got worse. Recent so-called ‘Hindu religious gatherings’ include a call for the genocide of Muslims. Some have suggested that the saffron flag should replace India’s national flag. Many decisions have been made in violation of the constitution. This is an extremely difficult moment for Muslims in India. 

  And the hijab ban is very much part of Muslim marginalisation. Muslims are being driven to a corner and targeted by a right-wing government that demonises them to boost their support and remain in power.

  How has civil society responded to the ban controversy?

  Many CSOs have raised the issue and protested against the ban. Voices have also raised internationally, both from civil society and from influential individuals, as was the case of US congressional representative Ilhan Omar. Maybe if they became louder, these voices could drive positive change in the lives of India’s Muslims, which are becoming exceedingly difficult.

  Frankly, at times I feel it is a losing game. 

  All international attention that was paid to the ban has damaged the image of India without really making a dent on those in power, who only care about the upcoming general elections.

  Civic space in India is rated ‘repressed’ by theCIVICUS Monitor.
  Get in touch with the Muslim Women’s Forum through itswebsite and follow@syedaIndia on Twitter.

• India: Hijab row the latest show of Hindu nationalism

  By Inés M. Pousadela, Senior Researcher at CIVICUS

  In an election season, India’s ruling party has again resorted to the right-wing populist playbook, stirring up divisions for political gain. This time it is the turn of Muslim women, caught in the crossfire of a backlash against both the rights of religious minorities and women’s rights. The controversy over the wearing of the hijab in schools is just the latest chapter in the saga starring Prime Minister Narendra Modi and his Hindu nationalist party in their quest to consolidate power. Their attempts will continue, as will civil society resistance and struggles for rights.

  Read on Inter Press News

• SRI LANKA: ‘They arrest us to stop us, silence us and instil fear in others’

  CIVICUS speaks with Hejaaz Hizbullah, a human rights defender who waskept in detention for 22 months under Sri Lanka’s Prevention of Terrorism Act (PTA).

  Based in Colombo, Sri Lanka’s capital, Hejaaz is an attorney and a minority rights advocate who fights hate speech against the Muslim community. He began his career at the Attorney General’s Department and started his own law practice in 2012. He has litigated in several important cases before the Supreme Court and is among the lawyers who challenged the dissolution of parliament in 2018.

  

  What kind of work were you doing when you were arrested and why do you think you were targeted?

  In 2012 a hard-line Buddhist group emerged in Sri Lanka calling itself ‘Bodhu Bala Sena’, or Buddhist Force. The group began a nationwide campaign against Muslims that was based on lies, Islamophobia and hate speech. They sought to stir up Sinhala Buddhists, Sri Lanka’s majority, against the Muslim minority. Similar groups soon proliferated. As a result, there were incidents of violence against Muslims all over Sri Lanka. Muslim girls got their hijabs ripped off, Muslim businesses were attacked and torched, and Muslims were harassed everywhere.

  I began my human rights work in response to these very extraordinary circumstances. With two colleagues I launched an anti-hate hotline, a telephone helpline to assist victims of hate speech and hate crimes. We helped people protect themselves and assert themselves against racism and hate by using the tools provided in the law. We also monitored these incidents and prepared reports to bring the situation to the attention of the government.

  This work led to me appearing in cases involving human rights and constitutional law issues. One of the earliest cases I appeared in was the case of a Muslim schoolgirl who wanted to go to school in a uniform approved by the Ministry of Education that also respected her cultural and religious norms, which school authorities objected to. The case concluded with the Attorney General upholding the student’s right to wear an approved uniform of her choice that met her cultural and religious norms.

  In 2018 the then-president dissolved parliament, sacked the prime minister and appointed another one, and called for general elections. This was challenged by political parties and by a member of the Sri Lankan Elections Commission, whom I successfully represented before the Supreme Court.

  This was the kind of work I was doing when I was arrested, and there are various theories regarding why I was targeted. My arrest may have been part of an attempt to scapegoat selected Muslims who were critical of the government’s treatment of Muslims and blame them for the Easter Sunday bombings, a series of coordinated Islamist terrorist suicide bombings in April 2019. They tried to silence us personally and as a community. In that sense, my arrest is no different from so many arrests of lawyers all over the world. They arrest us to stop us, silence us and instil fear in others.

  How were you treated while in detention?

  During the first 10 months I was a detainee, so I was under police custody; then I was produced before a judge and I became a remand prisoner. For the following year I was in the custody of the Prisons Department, and my experience was radically different.

  As a detainee you are in the custody of those who are trying to frame you and fix you for an offence you did not commit. For 24 hours, seven days a week, you are exposed to your tormentors and under their control – for everything, including food, sleep and family and lawyer visits. Remand prison was different because the guards just knew I was a special case but beyond that they did not care much about me.

  As a detainee I was locked up 24 hours a day: the cell was opened only to let me use the toilet or go for questioning. In remand prison we spent around six hours a day outside in the yard, which was good. However, both places degrade you and seek to destroy you mentally and psychologically. I am happy that I survived without too many scars; many are not that lucky.

  Were you aware of the international solidarity around your case and how does it feel to be out on bail?

  As a detainee I knew very little, just what my wife would tell me when I met her on Saturdays for around 15 minutes. It was only after I was remanded that I learnt more about the support I was receiving from the international community. This gave me real hope and made me even more determined to fight back, so it was incredibly helpful. I am grateful for the support I received and for the international and local pressure that forced the Attorney General to agree to release me on bail.

  Being free is like being born again. I am slowly trying to rebuild my life. My imprisonment had deep effects on the lives of my family: everybody’s life was on pause for almost two years. But being on bail is not easy: I am always looking behind my shoulder and concerned about the progress of my case.

  What are your thoughts on the use of the PTA law?

  In its judgment on my case, the Court of Appeal described the PTA as a ‘draconian law’ leading to a cycle of abuse. That is precisely what it is. The PTA puts detainees into a legal blackhole from which they find it almost impossible to get out. I am a lawyer and had lots of legal backing, support and attention, and still found it tough. Many others don’t have a fighting chance.

  The government has recently made some amendments to the PTA, but they have not changed some of the worst aspects of the law, such as the use of confessions against those who are co-accused. Whilst amendments have been cosmetic, they have in fact opened a window for judges to intervene, and if they do, the situation of detainees may improve. I think the judiciary will grab this opportunity.

  What is the current state of civic freedoms in Sri Lanka?

  My answer to your question would have been different if not for what I am seeing today. It seems freedom is what we carve out for ourselves through courage. Desperate times have pushed people to desperate measures, and they have now overcome their fears and are fighting for their freedom. They are fighting in the legal space that has been created through years of jurisprudence. The theoretical space has now been occupied in real time and I feel is also being expanded. All good news! However, this is not due to any state intervention but due to the actions of people responding to the dire circumstances they find themselves in.

  How can international civil society and the international community support criminalised human rights defenders?

  When human rights activists are arrested, the state would like the whole world to forget them. They hope grand allegations and prolonged detentions will suffocate everyone’s will and resolve to fight. Civil society and the international community can help us by keeping us alive outside the prison walls: by asking the important questions and putting pressure on the government to justify its actions.

  Civic space inSri Lankais rated ‘repressed’ by theCIVICUS Monitor.
  Follow@hejaazh on Twitter