Owaisi Criticises Allahabad HC Hijab Ruling, Questions 'Essentiality' Test
Hyderabad MP and All India Majlis-e-Ittehadul Muslimeen (AIMIM) president Asaduddin Owaisi has condemned the Allahabad High Court's recent judgment denying a Muslim student permission to wear a hijab in school, describing it as an attack on Islam. Speaking at a public meeting on the eve of Milad-un-Nabi late Tuesday night, Mr. Owaisi questioned the judiciary's authority to determine what constitutes an essential practice in Islam.
Mr. Owaisi argued that the court's ruling runs counter to Articles 25 and 19 of the Constitution, which guarantee religious freedom and free speech. Citing the Supreme Court's reference to the Sabarimala case, he questioned whether any court should decide which practices are essential to a faith. The decision, he asserted, is both wrong and an attack on Islam.
On the Uniform Civil Code (UCC), the AIMIM leader said attempts to impose uniformity on religious communities should not be confused with equality. "Remember that uniformity is not equality," he stated, referring to UCC measures in Uttarakhand and Gujarat, and UCC legislation in Assam. He questioned why provisions rooted in Hindu personal laws—covering marriage, succession, and divorce—should be imposed on Muslims.
Addressing the Vande Mataram controversy, Mr. Owaisi invoked its history, noting that Mahatma Gandhi, Rabindranath Tagore, and Subhas Chandra Bose favoured reciting only the first two stanzas. He asked whether Prime Minister Narendra Modi considers himself wiser than Gandhi, more patriotic than Bose, or intellectually superior to Tagore. By taking a contrary position, he said, the BJP and Modi have insulted these national figures.
"The country belongs to everyone," Mr. Owaisi said. "Some worship it; some, like me, will be buried in it and love it. Yet you are telling me to turn it into a God. How can I do that?"
He also criticised Uttar Pradesh Chief Minister Yogi Adityanath's recent remarks about Maulana Mohammad Ali Jauhar and Pakistan. Mr. Owaisi said Jauhar was a highly educated political leader associated with both the Muslim League and the Indian National Congress, and a key figure in the Khilafat and anti-colonial movements. He drew a parallel with RSS founder K.B. Hedgewar, noting that Hedgewar too was imprisoned after speeches supporting the Khilafat movement.
Mr. Owaisi recalled Jauhar's statement at the First Round Table Conference in London, where he vowed not to return to an enslaved India and expressed willingness to be buried abroad if the country did not gain freedom.
The AIMIM chief further criticised the RSS's historical stance on the Constitution, citing an Organiser editorial of November 1949 that criticised the newly adopted Constitution. He also referenced V.D. Savarkar's favourable assessment of the Manusmriti, contrasting it with the sacrifices of freedom fighters like Maulana Fazl-e-Haq Khairabadi, who endured imprisonment rather than seek concessions from the British.
On the Special Intensive Revision (SIR) of electoral rolls, Mr. Owaisi assured people whose names are missing not to worry, and advised them to fill and submit Form 6. He said AIMIM party headquarters in Darussalaam will remain open to assist electors with notices and SIR-related queries.
