The Cap

When I used to ride the scooter, I would tie a scarf around my hair to prevent the helmet from tousling it out of place by the time I arrived at my destination. I later started using a stole, to help cover my face too to prevent getting tanned.

Years passed. My son grew up, reached the age of 18, got a license, claimed his right on the scooter to travel to and from his college. One day, he came up to me and said he would like to cover his hair under the helmet. I suggested he use a scarf, as I used to do. A few days later, he came back to let me know it wasn’t working for him. Off we went to a neighborhood store which sold fancy stuff – trinkets, hookahs, bandanas, bracelets, and what not. And yes, they had what we were looking for – caps made out of hosiery that fit snugly on the head, covering the hair well under the helmet. That was what we settled for.

One day when I was seeing him off at the door, my eyes fell on the cap covering his head. Unknown to myself, a shiver ran down my spine. I asked him why he would wear it from the doorstep itself. Wouldn’t it be better if he waited to get to the scooter and then donned it? He mumbled something and left. But that day, I resolved to sit him down and have a talk.

Sometime in the evening, the mother in me held my son’s hands, looked him in the eye and told him that he should go back to using a scarf. “But why?”, he moaned. “It is no longer safe to wear that kind of a cap in this country”, I said. He looked at me quizzically, searching my face to understand better what I had just blurted. His eyes narrowed. I continued looking him in the eye. “What do you mean”, he asked. “You look very Muslim, my love”, I said. “Mom! Are you out of your mind? So what?”, he was shocked and embarrassed. I drew him closer to me, calmed him and said, “Things have changed. It is risky for people to exercise their choice when it comes to certain things now, especially for the minorities. And people are ‘being marked’ by their sartorial choices. Caps like these are one of them.” I told him about the lynchings that the country was witnessing a rise in in the last few years. I told him about how some of our country men and women were being singled out for hate crimes. Of course he had been reading about it on his daily feed, he said.

Since he insisted on not wanting to switch to anything else, I suggested to him to hereafter not walk around in public with the cap on. I told him he should reach his scooter, look around, and ensure nobody is looking pointedly at him while slipping on the cap, and quickly put on his helmet. Thereafter, as I usually do, I reminded him about that day’s conversation a couple of times more, to ensure he wouldn’t be careless about it.

To be honest, not in my wildest dreams had I thought that I would have a conversation like that with my child. After all, my parents had never had the need to say any such thing to me. So, I was not reiterating inherited parental wisdom while acting in my role as a parent. Yes, we grew up in Air Force camps – fenced, well-guarded, and everyone-knows-everybody-else-communities that are safe. But that was not all. News in those days was about our politics, scientific accomplishments, sports, neighborhood crimes, international news, weather, and other such current affairs. There was nothing about hate or divisiveness – hate in society that put fear and disgust in the hearts and minds of people; divisiveness that fills our minds with unfounded suspicions about our fellow citizens, hastily separating people solely based on their outward appearances.

The Universal Declaration of Human Rights (UDHR), 1948, translated into 500 languages, sets out fundamental human rights to be universally protected. The Preamble of the document serves as the foundation, underscoring ‘freedom from fear’ as one of the paramount aspirations of the general populace.  The International Covenant on Civil & Political Rights reinforces the ‘Right to Choose’ through provisions for the freedom of thought, conscience and religion, freedom of expression, right to work, and right to a family life. At home, in India’s Constitution, under Article 21, the Fundamental Right to Life and Personal Liberty, encompasses various aspects of life, including the Right to live without fear, as reiterated by the Supreme Court of India (ref from web).

“Nothing is so much to be feared as fear”, wrote Thoreau. Fear is the antithesis of true freedom.

Who then should defend our Right to live without fear? It is the state, isn’t it? The primary responsibility for ensuring that the citizens of a state live a life free from fear and fully exercise their right to life lies with the governing authorities. As guardians of public welfare, the state is entrusted with the duty of protecting the fundamental rights and liberties of its people.

Any violation of our Fundamental Rights and/or Human Rights are binding on the state. Therefore, in the case of our Rights being violated, a case can be filed under the erstwhile Indian Penal Code (now, Bharatiya Nyay Sanhita), against the State.

Owing to the powers bestowed on our Supreme Court and High Courts by the Constitution, these courts have the authority to spin into action, take cognizance of such violations, and issue writs. A writ is a command given by the court to a person or an authority or both to act or to not act in a particular way. These written orders given by either of the aforementioned courts command constitutional remedies for Indian citizens against violation of their Fundamental Rights. According to Article 32 and Article 226 of the Indian Constitution, the Supreme Court and the High Courts respectively can issue writs on behalf of citizens, against the State.

Is the time then ripe for citizens to approach our courts to demand action against the State for infringing upon our Right to Life and Personal Liberty?

Seroja Manoj is a Skill Development Trainer who is currently pursuing a course in Public Policy. She is a dedicated and engaged member of various civil society organizations. She closely monitors ongoing socio-political events and actively works to raise awareness, with the aim of driving positive societal transformation.