Schoolgirls not bound by scarves in Islam, rules HC

Abida’s petition (filed through her father Hussain Syed) said the Quran provides that a female child over nine years should cover her head with a scarf. She said the scarf does not violate the dress code or the discipline of the school. Abida approached the high court saying the principal’s action was violative of her fundamental right to practice Islam under Article 25 (freedom of conscience and profession, practice and propagation of religion) of the Constitution.

In their August 2, 2002, judgement, the judges said they found no merit in this submission. Wondering how asking the petitioner to maintain a dress code prescribed by the school was violative of fundamental rights, the bench said Article 25 is subject to restrictions imposed by the state on grounds of public order, morality and health, regulation of non-religious activity among others.

Besides there does not seem to be an established practice nor an obligatory act enjoined by Islam that girl studying in all girls school must wear a headscarf, the judges said. Advocates K.P. Ravi and Sureshkumar Panicker appeared for the school.

Fathema’s counsel Nusrat Shah relied on Chapter 24-64 of Quran (Quran-e-Majid) Verse 31 to explain her contention regarding a dress code for women.

The judges said: ‘‘A girl not wearing the headscarf or head covering in an exclusive girls’ section cannot be said to be in any manner acting inconsistent with the aforesaid version 31 or violating any injunction provided by the Quran…The essence of…Islam cannot be said to have been interfered with by directing the petitioner not to wear a headscarf in the school.’’