Fiat Justitia Ruat Caelum
In the context of the experts in genocide studies predicting an impending genocide in India, the court verdicts denying the rights of a particular community also have to be considered as a part of the genocidal efforts.
The Karnataka High Court judgement on the hijab issue in Karnataka is not at all just nor Constitutional. The courts in the country are bound to ensure and protect the Constitutional rights of the citizens and interpret the provisions of the Constitution whenever there is an ambiguity about the provisions. Interpretations of the religious codes and laws do not come within the ambit of the Indian courts. Unfortunately, today’s verdict on the hijab is a transgression of this concept. The honourable court’s statement “Wearing of Hijab is not an essential religious practice of the Islamic faith” is of dire consequences. Irrespective of whether it is an essential religious practice or not, the choice of dress to be worn is a fundamental right of the citizen. This statement of the court is a denial of that right.
‘Fiat justitia ruat caelum’, meaning let justice be done though the heavens fall, is the fundamental basis of the administration of justice by courts. Today’s verdict appears to be deriding this fundamental basis. The judges are supposed to be declaring verdicts based on the Constitutional principles and justice cutting across their personal, political or religious faiths and beliefs. It seems that this principle has not been the basis of this verdict. It will only help the right-wing Hindutva fascists to intensify their efforts to deepen the religious polarisation, the spread of hatred and efforts of otherisation, and block the Muslim girls from continuing their studies.
Though the Social Democratic Party of India is highly concerned about the repercussions that would ensue this verdict, it still hopes and believes in getting a just judgement and decision from the apex court.