Hijab Controversy Explained: Why SCBA Condemned a Sitting Chief Minister

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The Supreme Court Bar Association has strongly criticised Bihar Chief Minister Nitish Kumar for allegedly removing a Muslim woman doctor’s veil during a public event in Patna. Calling it unconstitutional and humiliating, the SCBA has demanded an unconditional apology for violating her dignity, autonomy and religious freedom.

The Supreme Court Bar Association (SCBA) has strongly criticised Bihar Chief Minister Nitish Kumar for allegedly pulling down the naqab of a woman doctor during a public function in Patna. In an official letter, the SCBA said it expresses its “strongest condemnation” of the Chief Minister’s conduct, calling the incident deeply disturbing and unconstitutional.

The Bar Association said it was shocking that a person holding such a high constitutional office would behave in a manner that allegedly insulted the dignity, autonomy and personal freedom of a woman.

The incident, which took place on December 15 at the Chief Minister’s secretariat in Patna, was captured on video and has since gone viral, triggering a major political and legal controversy.

Ayush doctors had assembled at the secretariat to receive their appointment letters. When one woman doctor approached the Chief Minister wearing a naqab, Nitish Kumar reportedly noticed her attire, said “what is this” and proceeded to remove the veil in full public view.

The video clip of the moment spread rapidly on social media, drawing widespread criticism from legal experts, women’s rights activists and political leaders.

The letter issued by the SCBA was signed by its secretary, Pragya Baghel. The Association said that the Chief Minister’s action was not only inappropriate but also unconstitutional.

In the letter, the SCBA stated:

“Besides infringing on her autonomy, agency and religious freedom, it is a reflection of the depraving attitude against women in general.”

The Bar Association further said that the act violated the fundamental rights guaranteed under the Constitution, including equality, dignity and freedom of religion.

The SCBA also strongly condemned statements made by political leaders following the incident. It criticised

“the vile comments made by Union Minister Giriraj Singh and Uttar Pradesh Minister Sanjay Nishad”,

stating that such remarks further demean women and trivialise serious violations of personal dignity.

According to the Association, both the act and the comments amount to a grave infringement of a woman’s dignity and are

“an affront to the principles of equality and non-discrimination enshrined in the Constitution”.

The Bar Association has demanded an unconditional apology from Bihar Chief Minister Nitish Kumar and all others involved in the controversy.

Following the circulation of the video, Nitish Kumar faced massive public backlash. The footage showed the Chief Minister interacting with doctors during the appointment letter distribution ceremony when he noticed the woman doctor wearing a naqab.

As she stepped forward, he reportedly said “what is this” and then removed the veil, an act that many described as humiliating and intrusive.

Union Minister Giriraj Singh entered the controversy soon after and defended the Chief Minister’s action. He said it was the woman’s choice to refuse the appointment or “go to hell”. His remarks further intensified outrage across the country.

Giriraj Singh argued,

“If someone is going to collect an appointment letter, should they not show their face? Is this some Islamic country? Nitish Kumar acted as a guardian,”

he said while justifying the Chief Minister’s behaviour.

Continuing his defence, the Union Minister said,

“If you are going to get a passport, do you not show your face? When you go to the airport, do you not show your face? People talk about Pakistan and Englishtan, but this is India. In India, the rule of law prevails,”

Giriraj Singh said and added that Nitish Kumar did the right thing.

The controversy further escalated after Uttar Pradesh Minister Sanjay Nishad made a comment that many described as crude and misogynistic.

He asked,

“What would have happened if he touched her somewhere else?”

The remark drew sharp criticism from across political and social circles. After facing backlash, Nishad later claimed that the spirit of his comment had been misunderstood and that it was lost in translation.

Amid the growing uproar, Patna Civil Surgeon Dr Avinash Kumar Singh issued a clarification regarding the woman doctor’s appointment. Speaking to ANI on Saturday, he said that the doctor could still join her post, subject to approval from the Health Department.

Explaining the procedure, he said,

“If she comes here, then we will take her contribution and give her the letter, and she will join… Joining is only possible until 6 PM… But that doesn’t mean the joining cannot happen on the following day, but this decision is taken by the health department.”

Dr Singh also clarified that while the official joining deadline is 6 pm, extensions have been granted in the past and may be considered in this case as well. He stated that the same rules would apply to all remaining candidates.

He said,

“The joining process could not be completed today. But we are hopeful that she will come and join… The joining date can be extended; it has happened earlier. There are still 12 doctors left, and if the time is extended, it will be extended for everyone. 63 doctors have joined, and 12 are still left,”

Most of the selected doctors have already joined their postings, with only a small number yet to complete the joining process.

The controversy, however, continues to raise serious constitutional questions about personal liberty, women’s dignity, religious freedom and the conduct expected from public office holders in a democratic society.

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Hardik Khandelwal

I’m Hardik Khandelwal, a B.Com LL.B. candidate with diverse internship experience in corporate law, legal research, and compliance. I’ve worked with EY, RuleZero, and High Court advocates. Passionate about legal writing, research, and making law accessible to all.

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