The move didn’t surprise many, given the long history of governments dictating what women can and can't wear. The hijab, which is viewed by the Western world as a symbol of suppression, is being defended by Muslim women across the world, who argue that banning it violates their right to choose and is discriminatory.

Experts believe the ban has increased both the popularity and acceptance of the hijab among Muslim women in many parts of the world. As the hijab has become increasingly visible in global metropolises, it has also become more politicised.

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However the ban is neither new nor entirely a Western concept. Historically, leaders like Reza Shah Pahlavi in Iran and Mustafa Kemal Atatürk in Turkey banned or restricted the hijab to promote secular values. Afghanistan’s King Amanullah also discouraged its use in the 1920s and 1930s. In contrast, the Islamic Republic of Iran has mandated the hijab since 1979 as a symbol of its fundamentalist ideology, while the Taliban in Afghanistan has also made it compulsory for women.

While these countries enforce the mandatory wearing of the traditional headwear, several European countries have banned it or are considering banning it in certain public areas. In 2021, the European Union Court of Justice declared that EU member states have the authority to prohibit the wearing of the hijab in workplaces and public schools. The court ruled that women could be fired from their jobs for refusing to remove their hijab if they work in a job that deals with the public.

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Country-Wide Hijab Bans

France has been at the forefront of hijab bans. In 2004, France introduced legislation prohibiting the wearing of "symbols or clothes through which students conspicuously display their religious affiliation," including the hijab, in public primary schools, middle schools, and secondary schools. France, the host country for the 2024 Olympic Games, has also prohibited Muslim women from competing while wearing a sports hijab or any other type of religious headgear.

A similar law was passed in Austria in 2017, prohibiting headscarves in schools for children up to 10 years of age, with parents facing potential fines of €440 if they continue to send their children to school wearing the hijab.

Italy has banned the hijab-like swimsuit, also known as the "burkini," from its pools and beaches since 2009. Several examples of women being fined or barred from swimming or sunbathing in public have sparked outrage in recent years, particularly in the country’s north. In addition, Germany, Belgium, Norway, and Bulgaria all have laws prohibiting the use of face-covering garments, known as burqas, in schools or public institutions.

Dutch far-right politician Geert Wilders — whose party recently formed a government after scoring an unprecedented win in the general election — has long proposed a ban on the hijab as part of a much larger set of anti-Islam measures.

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Likewise, in 2022, the BJP-led state government in Karnataka issued an order directing colleges in the state to follow their prescribed dress codes or to prescribe clothes that “do not threaten equality, unity, and public order.” Following this, several educational institutions in Karnataka prevented students from wearing hijabs from entering their premises or classrooms.

The Right to choose

Opponents of laws banning the hijab maintain that such bans restrict a woman's choice of how to dress, and that women should have the right to choose to wear it if they feel it is a part of their identity.

According to Amnesty International, the hijab bans violate a number of women’s rights: They violate freedom of expression, religion, and access to health. They impact Muslim women’s freedom to make decisions about their own lives, control over their bodies, and are a form of gender-based, racist violence.

The practice of wearing the Islamic veil has long been criticised for being oppressive to women. Women who wear the hijab, for any reason, are often reduced to patriarchal victims.

However, this viewpoint is shifting significantly as Muslim women around the world increasingly affirm that wearing the veil expresses their freedom of choice and bodily autonomy in practising their religious beliefs.