India
oi-Prakash KL
The Allahabad High Court recently rejected a Muslim student’s plea seeking directions to allow her to wear a (hijab) headscarf in addition to the uniform prescribed by her school.
A bench of JJ Munir and Justice Indrajeet Shukla observed that schools have the right to enforce a strict, uniform dress code to maintain equality and discipline. The student had filed a plea against Tagore Public School in Prayagraj for refusing to admit her into Class 11 after she insisted on wearing a headscarf with her uniform, according to a report in Bar and Bench.
The Allahabad High Court rejected a Muslim student’s plea to wear a hijab with her school uniform, affirming that schools can enforce uniform dress codes for equality and discipline, citing lack of proof for the hijab’s essential religious nature.
The student argued that she had been wearing the hijab since Class 6 without any objections, and that restricting it violated her constitutional right to practice her religion.
The court pointed out that the student provided no solid evidence to show that wearing a headscarf inside a classroom is a mandatory, essential part of Islam. Also, it noted that the school’s failure to object in earlier grades, whether due to hesitation, oversight or courtesy, does not give the student a legal right to demand a change in the dress code.
The judges referred to the Karnataka High Court’s ruling against hijabs in classrooms.
“In view of the difference of opinion, the matter was directed to be placed before the Hon’ble the Chief Justice for the constitution of an appropriate Bench. There is no authoritative pronouncement as yet by the Supreme Court, finally settling the issue, arising from the judgment of the Karnataka Full Bench. We are of opinion that the Karnataka Full Bench, like the other Courts, is nevertheless persuasive authority of great value and there is no reason for us to take a different view,” the website quoted the bench as stating.
The Allahabad HC ended on the note that as long as a dress code applies to everyone fairly and aims to maintain discipline, the decision on what students wear lies with the school.
“The prescribed uniform that serves as a dress code for students attending a School serves many purposes. It instills discipline, equality amongst children, projects institutional identity and eschews distinctions within the classroom. A rule, requiring students to wear a uniform, promotes a religion neutral atmosphere as it applies to students professing different faiths without singling out any one on the basis of his/ her faith,” the Court noted.
