LUCKNOW: The Allahabad High Court rejected the plea of a Muslim student seeking permission to wear a hijab along with her school uniform. The petition was dismissed after observing that the student failed to establish that wearing a hijab is an essential religious practice under Islam. The bench comprising Justice J.J. Munir and Justice Indrajit Shukla dismissed the plea filed by an 11th-grade student of Tagore Public School in Prayagraj. The student had requested permission to attend classes wearing a hijab. The court observed that as long as a dress code is uniform, bona fide, non-discriminatory, and intended to maintain discipline and the institutional identity, the authority to prescribe uniforms rests with the school. The court clarified that no student can demand exemptions from established dress codes based on personal or religious preferences.
The issue arose when the girl sought admission to Class 11 at Tagore Public School after completing her Class 10 education at the same institution. The student contended that she had worn a hijab during her studies from Class 6 to Class 10 without any objection from the school authorities. She argued that wearing a hijab is an essential practice of her faith and banning it violates fundamental rights guaranteed under Article 14 and Article 19(1)(a) of the Constitution. However, the court rejected her contentions. The court dismissed the plea noting that the student failed to submit authoritative religious texts proving that wearing a hijab inside the classroom is mandatory and that non-compliance would affect the essential character of her faith.
The school contended that wearing a hijab alongside the uniform violated its dress code policy. Accepting this argument, the court affirmed that the authority to determine the uniform lies with the school. The Karnataka High Court had also earlier ruled that wearing a hijab by Muslim women is not an essential religious practice in Islam.
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