1 week ago
Allahabad HC Rejects Hijab Plea, Citing School Uniform Rules
A Muslim student wanted to wear a headscarf with her school uniform.
She had worn one at the same school from Class 6 to Class 10.
When she wanted to enter Class 11, the school said she had to follow the uniform rules without the scarf.
The student and her mother asked the Allahabad High Court for help.
The court said she had not provided enough evidence that wearing a headscarf was required for Muslim women.
It also said a private school can apply a fair uniform rule to all students.
The judges said the school’s earlier silence did not create a permanent right to wear the scarf.
A Muslim law board disagreed and said it may challenge the decision.
The Allahabad High Court dismissed a Muslim student’s request to wear a hijab with her school uniform.
The Class 11 applicant had worn a headscarf from Classes 6 through 10 without objection.
The court said she provided no sufficient religious or legal evidence that a headscarf was an essential Islamic practice.
It held that an unaided private school may enforce a uniform that is bona fide, fair and non-discriminatory.
The All India Muslim Personal Law Board said it was likely to challenge the ruling, calling hijab integral to Islam.
- Who
- A minor Muslim Shia student represented by her mother, Tagore Public School, the Allahabad High Court and the All India Muslim Personal Law Board.
- What
- The court dismissed the student’s petition seeking permission to wear a hijab with the prescribed uniform.
- Where
- The case concerned Tagore Public School in Attarsuiya, Prayagraj, and was heard by the Allahabad High Court.
- When
- The judgment was issued on August 21; the All India Muslim Personal Law Board discussed a possible challenge on August 25.
- Why
- The court found insufficient evidence that the headscarf was an essential religious practice and upheld the school’s authority to enforce a uniform policy that is fair and non-discriminatory.
Student and AIMPLB Position
School and Court Position
Religious necessity
Student and AIMPLB Position
The student said wearing a headscarf was part of her Muslim Shia religious practice and protected by her constitutional rights. AIMPLB said hijab is mentioned in the Quran and Hadees and is integral to Islam.
School and Court Position
The court said the student had not established through sufficient religious or legal material that wearing a headscarf was obligatory or that not wearing it would jeopardise her faith.
Earlier permission
Student and AIMPLB Position
The student relied on her uninterrupted use of a headscarf from Classes 6 through 10, along with photographs and school identity cards, to seek permission to continue wearing it.
School and Court Position
The court held that the school’s earlier non-objection did not create a vested or enforceable right to require relaxation of the uniform policy in Class 11.
Uniform and individual rights
Student and AIMPLB Position
The student argued that refusing the headscarf violated her rights to religious practice, expression, dignity and bodily integrity. AIMPLB said students should be able to follow religious obligations while complying with a school dress code.
School and Court Position
The school and state argued that the uniform applied to students from different backgrounds and supported discipline and administration. The court said allowing individual additions would undermine the idea of a uniform.
Key facts
- Court
- Allahabad High Court
- Bench
- Justices J.J. Munir and Indrajeet Shukla
- School
- Tagore Public School, Attarsuiya, Prayagraj; an unaided private school affiliated with the Central Board of Secondary Education
- Student’s request
- Permission to wear a hijab or headscarf in addition to the prescribed school uniform while entering Class 11
- Previous practice
- The student said she had worn a headscarf from Class 6 through Class 10 without objection and submitted photographs and school identity cards
- Court’s religious finding
- The court said the petition contained a bare assertion and lacked sufficient authoritative religious, factual or legal material establishing that a headscarf was obligatory
- Uniform ruling
- The court said a private school may enforce a uniform that is uniform, bona fide, non-discriminatory and intended to maintain discipline and institutional identity
- Potential challenge
- AIMPLB member Khalid Rasheed Firangimahal said the board was likely to approach a court and argue that hijab is integral to Islam
Quotes
Karnataka High Court Full Bench
Full Bench that issued the 2022 Karnataka hijab judgment
“In the past, the School might not have raised objection to the petitioner wearing a headscarf when she was reading in the lower classes, either due to lethargy, inaction, lack of will, nonenforcement of the uniform policy, even courtesy or hesitation, but that would not give rise to an estoppel against the School when they decide to enforce a uniform policy, enforcing their dress code.”
livemint.com
“This is not even a case where the prescribed uniform or dress code has been changed. Rather, it is a case where the School now insists upon the petitioner giving up on the modification of their uniform or dress code that she had done by adding a headscarf to it while reading in the lower classes.”
indianexpress.com
Khalid Rasheed Firangimahal
AIMPLB member and cleric
“There is absolutely no issue with adhering to a prescribed dress code. But what if at the same time a girl student wants to follow her religious obligations? We feel that the court decision needs to be reviewed.”
theprint.in
“We are aware of the case. I think there is some confusion somewhere. Because hijab has always been an integral part of Islam. We will definitely approach the court and present our case.”
theprint.in
Sources
Allahabad HC: Headscarf Not Essential Religious Practice, Dismisses Plea
AIMPLB to challenge Allahabad HC’s dismissal of student’s plea seeking permission to wear hijab
‘No proof it is essential for Muslims’: Allahabad High Court denies schoolgirl’s plea to wear hijab
'Hijab Not Essential to Islam': Allahabad HC Rejects Student’s Plea to Wear Headscarf With School Uniform
Why Allahabad High Court rejected schoolgirl’s plea to wear hijab
Allahabad HC rejects plea seeking permission to wear hijab in school; says ‘not essential part of Islamic faith’
Related news
Allahabad High Court Rejects Student’s Hijab Plea Over Uniform Rules
Allahabad High Court Hijab Verdict Intensifies School Dress-Code Debate
Owaisi Slams Allahabad High Court Hijab School Uniform Ruling
Muslim Clerics Urge Review of Allahabad High Court Hijab Ruling
Allahabad High Court Upholds Uniform, Rejects Student’s Hijab Plea
Leaders Divide After Allahabad High Court Dismisses Hijab Plea
Hijab Classroom Dispute Raises Wider Questions About Education Access
Bhopal Hosts Vishwa Rang Festival
Tagore Art Revival: Virtual Show at Konnagar Retreat
