India

My Hijab not Allowed: Denial of My Fundamental Rights

By Abida Khatoon

Before 2 days, Umaiyah Khan was not allowed to enter her examination centre for NET/JRF exam because she refused to take off her hijab. The reason given by invigilators was that they were acting upon the instructions given to them. And apparently ‘Hijab’ can be used for hiding chits or any cheating stuff.

In this case, the girl was in dilemma to choose exam or religion’s essential practice, and when the girl chooses not to remove her hijab, the circumstances automatically made her miss the exam.

Another incident narrated by my sister’s teacher is that once she went for CTET exam, invigilators said that it’s compulsory that ears should be visible for the photos which will be taken on the day of the exam, and for that, you must remove your hijab.

In first case centre should have provided lady either from flying squad or from invigilators to check girl’s hijab on mere suspicion, asking for removing hijab for the whole exam was not justifiable.

In second case girl should be asked to slightly fold her scarf behind her ears, but no, according to circumstances invigilators become a high authority.

Violation of fundamental rights in such cases.

Article 14: Equality before the law and equal protection of the law

Article 19: Freedom of speech and expression.

Article 21: The right to life and liberty.

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

Whether it is a minority or any other community if you’ve found that any of your fundamental rights violated then look at what remedies did constitution makers provide us with.

Constitutional remedies

—Article 32 gives individual the right to move to supreme court for violation of their fundamental rights.

—Article 226 gives individual the right to move to High Court for other rights like legal rights (other than fundamental rights).

Who’s locus standi?

It is a right or capacity to bring an action or to appear in court.

As this is not a specific individual matter, it is a matter of general importance and rights of minorities. Each person belongs to the minority has locus standi, meaning any of them belongs to the same minority can sue a culprit.

Easy Complaining Procedures

—The Bottom-up complaining approach starts emailing a complain letter to departments than to certainly respected ministry. For example: in the above case, the complaint will be like that –letter to CBSE then UGC and then the HRD ministry.

—And to the higher authority Ministry of Minority Affairs.

Following the trend: Twitter tradition

If you are too lazy in emailing complains then my dear here is the quickest way, just tag Mukhtar Abbas Naqvi union minister of minority affairs on Twitter and file your complaint.

Here is the twitter link for the lazy lads like me. Union Minister for Minority Affairs Govt. of India https://twitter.com/naqvimukhtar

India belongs to minorities in the same way as it belongs to the majority. If minority are less in number, it doesn’t mean that they shall enjoy lesser or fewer rights than the majority on resources and its fate and destiny. Nothing can withstand or withhold their claims as it is enshrined in our constitution.

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