‘No proof it is must for Muslims’: Allahabad High Court denies student’s hijab plea

The court noted that wherever the issue had arisen, high courts were “unanimous” in the opinion that wearing a headscarf is not an essential part of the Islamic faith for women, in the absence of which the faith would be jeopardised. “Here, as already remarked, no such factual foundation has been laid or material placed on record to establish a case that the donning of a headscarf is an essential part of religion for a Muslim female, forsaking which, would oust the girl or woman concerned from the faith that she professes and practices,” the order said.

“In the absence of this kind of pleading and material, we are unable to hold for the petitioner on the facts obtaining here. The existing precedents would take care of the question, which go against her on this point,” it added.

Justices J J Munir and Indrajeet Shukla heard the matter on August 21.

Noting that it is open to the school to change the uniform policy and alter the dress code, and students have to adhere to it, the ruling noted, “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.”

The bench stated that just because the petitioner may have worn a headscarf earlier when she was in the lower classes without objection from the school cannot by itself create a vested or enforceable right to compel the school to alter or relax its uniform policy for students seeking admission to Class 11.

Student challenged headscarf restriction

The minor student approached the court through her mother after the school allegedly refused to admit her to Class 11 because she wanted to continue wearing a headscarf along with the prescribed uniform.

According to the plea, she had studied at the school from Class 6 to Class 10 and had worn a headscarf during those years without objection from the school. She produced school ID cards and group photographs showing her wearing the headscarf with the uniform. After passing Class 10, she sought admission to Class 11 but was told that she could not wear the scarf in class.

The girl then approached the district magistrate (DM) with complaints dated May 14 and June 10, seeking intervention to enable her to continue her education without discrimination. The DM sought a report from the district inspector of schools, who recorded the school’s position.

The girl claimed that she belonged to the Muslim Shia community, and wearing the headscarf was part of her religious practice, and that she had been wearing it since childhood. She claimed that preventing her from wearing it violated her fundamental rights under Articles 14 and 19(1)(a) of the Constitution and sought a direction permitting her to attend classes wearing the headscarf.