Allahabad High Court Rules on Hijab in School Uniform
The Allahabad High Court has recently dismissed a plea by a Muslim student who sought permission to wear a hijab along with her school’s prescribed uniform. This decision, in the case of Sukaina Rizvi v State of UP and Others, was delivered by a Division Bench comprising Justice JJ Munir and Justice Indrajeet Shukla.
The Court concluded that wearing a headscarf is not an essential component of the Islamic faith for women, echoing similar decisions by other high courts. The ruling also noted that the Karnataka High Court’s decision against wearing hijabs in educational institutions remains influential, as the Supreme Court has yet to resolve the matter following a split verdict.
Judicial Perspective on Uniform and Religious Practices
Justice JJ Munir, in the judgment, emphasized that there was no substantial evidence or authoritative religious text presented to establish that wearing a headscarf in the classroom is mandatory for Muslim women. Consequently, the Court could not accept the claim under Article 25 of the Indian Constitution, which protects religious freedom, without a solid factual and legal foundation.
The Bench further remarked that a school’s uniform policy, as long as it is bona fide, non-discriminatory, and aims to maintain discipline and institutional identity, falls within the school’s prerogative. The petition stemmed from a student’s experience at Tagore Public School in Prayagraj, where her admission to Class XI was contested due to her desire to wear a headscarf.
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School’s Uniform Policy and Court’s Stand
The student argued she had worn a hijab since Class VI without objection, but the school countered that adding a headscarf contradicted its dress code. The Court, in its judgment dated August 21, reasoned that past tolerance of wearing a headscarf does not create an enforceable right for the student to demand changes in the school’s uniform policy.
The judgment underscored that schools are at liberty to amend their uniform policies. It highlighted the significance of a uniform in promoting discipline, equality, and a non-religious atmosphere among students of diverse faiths.
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Ultimately, the Court found no substantive evidence to support the claim that wearing a hijab is an essential religious practice for Muslim women, thus rejecting the petition. Advocate Mohd Monis represented the petitioner, while Additional Chief Standing Counsel Girijesh Kumar Tripathi appeared for the State.
For further details, the judgment [read judgment] is available.
