The Allahabad High Court has dismissed a petition by a Muslim student seeking permission to wear a hijab alongside the prescribed school uniform, ruling that she failed to prove that wearing a headscarf is an essential religious practice protected under Article 25 of the Indian Constitution.
A division bench of Justices JJ Munir and Indrajeet Shukla held that a private unaided educational institution has the right to establish and enforce a uniform dress code, provided the policy is genuine, non-discriminatory, and aimed at preserving discipline and the school’s identity.
The judgment, delivered on August 21 and made public on Tuesday, involved a minor student from Tagore Public School in Attarsuiya, Prayagraj, who had completed Class X and was seeking admission to Class XI. The student, identified as Sukaina Rizvi, petitioned through her mother for the school to permit her to wear a headscarf in addition to the uniform required of all students.
She contended that wearing the headscarf was an essential religious practice and noted that she had worn it at the same school from Class VI through Class X without any objections from the administration.
However, the court found that the petition lacked sufficient factual or legal evidence to establish that wearing a headscarf is a mandatory religious practice in Islam, such that denying it would threaten the petitioner’s faith. The judges reviewed photographs from the student’s previous classes and observed that she appeared to be the only female student wearing a headscarf, with no other girls from the same religious community doing so.
The bench described the claim of essential religious practice as a mere assertion, noting the absence of substantial evidence to support it. They also referenced previous rulings from other high courts, which generally concluded that wearing a headscarf is not an indispensable part of Islamic faith that defines a woman’s religious identity.
Regarding the school’s uniform policy, the court dismissed the argument that the student’s prior practice of wearing a headscarf without objection created a continuing right to do so. The judgment stated that earlier tolerance by the school could have resulted from various reasons such as inaction, leniency, or hesitation, but this did not establish a binding right to alter the dress code.
The bench emphasized that when a uniform is applied sincerely and without discrimination, decisions about dress codes fall within the school’s authority. Allowing individual students to modify uniforms based on personal or religious preferences without proving essential religious necessity could undermine the purpose of a uniform and weaken institutional discipline.
The petition faced opposition from the school administration, the Uttar Pradesh government, and the Central Board of Secondary Education (CBSE). The school described itself as a private, unaided, self-financed institution with students from various religious backgrounds. It argued that granting an exception to the dress code would disrupt uniformity, discipline, and the school’s identity.
The court accepted the principle that private unaided institutions may enforce uniform policies as long as they are applied equally and without discrimination, and therefore declined to direct the school to make an exception for the petitioner.
In a significant development, the court also referred to the earlier hijab controversy in Karnataka. It considered the Karnataka High Court’s ruling on the matter as persuasive and noted that the case had reached the Supreme Court in the Aishat Shifa case. The Supreme Court delivered a split verdict in October 2022, with one judge upholding the Karnataka government’s restrictions and the other dissenting, leading to a referral for a larger bench. This split left the broader constitutional question unresolved.
Against this background, the Allahabad High Court stated there was no reason to diverge from the Karnataka High Court’s stance, especially since the petitioner had not established the religious essentiality of the hijab.
This ruling occurs amid ongoing legal and political debates in India over religious attire in educational settings, particularly following the Karnataka hijab controversy that reached the Supreme Court.
Notably, the All India Muslim Personal Law Board (AIMPLB) has indicated plans to challenge the decision. The organisation suggested taking the matter to the Supreme Court, asserting that the hijab has historically been regarded as an integral aspect of Islam.
