International Journal For Multidisciplinary Research

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Welfare. Well, Fair?

Country India
Abstract The split judgement of Aishat Shifa v. State of Karnataka reduced the issue to the question
of determining whether or not donning the hijab is an essential religious practice in order to
establish the validity of the Government Order (G.O.)that caused the uproar. However, the courts failed to address how the G.O. stands in
the path of Constitutional principles of Welfare State. Furthermore, the provision of clothes donned to be such that the equality, unity and public order is not violated fails to acknowledge that by restricting the freedom to wear hijab, the principles of equality, unity and public order found themselves to be more unguarded than before. Through the G.O., access to Education has been reduced to a mere barter of rights. This barter however fails to acknowledge that by trading access to education against an allegedly uniform G.O., patriarchal ideas are reinforced and women are again left stranded at the crossroads of law and society. This doctrinal study shall help evaluate how the G.O. has the effect of corroding the base of
welfare state, a nation envisioned by the Constitution Makers. A socio-legal exploration shall help aim legal realism by evaluating the outcome of G.O. as a threat to the unity and integrity of India in order to facilitate better and informed decision making by the custodians of the law. A feminist analysis shall reveal the nuanced patriarchal effect of the G.O. furthering the sabotage of welfare state. The paper adopts a case-study based approach with regard to the Karnataka Hijab Row that sparked protests and controversy. The Supreme Court delivered a spilt judgement, leaving pertinent questions unanswered and reducing the issue to that of merely determining whether wearing the hijab is an essential religious practice or not. Thus, painting the issue as a religious monochrome.
The G.O. has the effect of curtailing diversity by imposing uniformity thus, making the society intolerant and threatening social harmony. A great blow is felt to the access to education. The scope of the paper is to delve beyond religious rights and locating the G.O. as a State act that blurs the road to welfare state that our Constitution Makers envisioned.
Keywords hijab, welfare, education, unity, uniformity
Field Sociology > Administration / Law / Management
Published In Volume 6, Issue 2, March-April 2024
Published On 2024-04-30
Cite This Welfare. Well, Fair? - GEETANJALI DHALIA - IJFMR Volume 6, Issue 2, March-April 2024. DOI 10.36948/ijfmr.2024.v06i02.18852
Short DOI

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