'Not essential religious practice': Allahabad HC dismisses student's hijab plea
What's the story
The Allahabad High Court has dismissed a petition filed by a Muslim student, who sought permission to wear a hijab along with her school uniform. The bench, comprising Justice JJ Munir and Justice Indrajeet Shukla, ruled on August 21 that wearing a headscarf is not an essential part of Islamic faith for women. The court also referred to the Karnataka High Court's decision on hijabs in schools, which remains unresolved in the Supreme Court.
Verdict details
No evidence to prove wearing hijab important for faith
The court rejected the student's claim that wearing a hijab was an essential religious practice for her.
It observed that there was no evidence or religious text to prove that not wearing a headscarf would change the fundamental character of her faith.
The bench further said, "A claim, placing reliance upon Article 25 of the Constitution, cannot be accepted for the sake of mere assertion, without the necessary factual and legal foundation laid for the purpose."
School's authority
Schools can decide uniform policy if dress code non-discriminatory
The court emphasized that as long as the dress code is uniform, non-discriminatory, and intended to maintain discipline, schools have the right to decide on their uniform policy.
"....so long as the dress code is uniform, bona fide, nondiscriminatory and intended to maintain discipline and institutional identity, the choice of the prescribed uniform primarily lies within the domain of the school."
"A rule, requiring students to wear a uniform, promotes....religion-neutral atmosphere as it applies to students professing different faiths."
Uniform significance
Student's plea
The petitioner, a minor student at Tagore Public School in Attarsuiya, Prayagraj, had moved the high court, seeking a mandamus directing the school to allow her to wear a headscarf in addition to the uniform.
Her argument was that she had worn the headscarf from Class VI to Class X without objection from the school. However, she alleged that the school was now refusing her admission to Class XI because she insisted on continuing to wear the headscarf.
School
School's argument
The school, on the other side, argued that it was a private school with a uniform dress code for all pupils.
The principal also argued that other girls belonging to the same religious community were following the prescribed dress code and that granting the petitioner an exemption could affect the school's discipline.
The high court agreed with the school's argument.
Court
Bench rejected petition
The court said, "In the past, the school might not have raised objection...either due to lethargy, inaction...even courtesy or hesitation, but that would not give rise to an estoppel against the school when they decide to enforce a uniform policy," it said.
"The existing precedents would take care of the question, which goes against her on this point," the bench said, rejecting the petition.