16/12/2025
The incident potentially infringes upon the rights guaranteed under the following Articles of the Indian Constitution:
Article 25 (Freedom of Religion): The Constitution guarantees all persons the right to freedom of conscience and the right to freely profess, practice, and propagate religion. Wearing the hijab is considered by many Muslim women to be an essential part of their religious identity and practice. Forcibly removing it without consent directly interferes with this freedom.
Article 21 (Right to Life and Personal Liberty): This article includes the right to dignity, privacy, and personal autonomy. Forcibly removing a personal item of clothing, especially one tied to modesty and religious belief, is a significant invasion of privacy and dignity, which can be seen as an assault on a woman's personal liberty and bodily autonomy.
Article 14 (Right to Equality): This mandates equality before the law and equal protection of the laws. The CM's actions, particularly targeting a Muslim woman in a way not applied to others for identity verification, could be seen as arbitrary and discriminatory treatment by a state authority.
Article 19(1)(a) (Freedom of Expression): Wearing the hijab can be an expression of one's identity and religious belief. Undue interference with this expression can be viewed as a violation of this right.
The act could also lead to legal action under sections of the Bharatiya Nyaya Sanhita (BNS), which replaced the Indian Penal Code (IPC), related to:
Outraging the modesty/dignity of a woman.
Deliberately insulting or hurting religious sentiments.
Assault or criminal force.
