The Allahabad High Court has dismissed a petition filed by a Class 11 student who wanted permission to wear a hijab along with her prescribed school uniform. The court observed that wearing a headscarf could not be established as an essential religious practice in Islam based on the arguments presented before it.
A division bench of Justice JJ Munir and Justice Indrajeet Shukla heard the petition filed by a student of a school in Prayagraj.
What did the student argue?
The student told the court that wearing a headscarf was part of her religious practice. She said she had been wearing it at school from Class 6 to Class 10 without any objection.
She therefore sought permission to continue wearing the headscarf with her school uniform.
The High Court, however, said that simply claiming something as a religious practice was not enough to receive protection under Article 25 of the Constitution, which deals with freedom of religion.
The bench said the petition did not provide sufficient factual or legal grounds to establish that wearing a headscarf was an obligatory practice in Islam.
Court backs school’s uniform policy
The High Court also stressed the importance of a common dress code in educational institutions.
According to the court, if a school’s uniform policy applies equally to all students and is meant to maintain discipline and the institution’s identity, individual students cannot seek changes simply on the basis of personal preference.
The student argued that the school had previously allowed her to wear a headscarf. However, the court said that earlier permission did not automatically create a legal right to continue doing so if the school later decided to strictly enforce its uniform rules.
Court refers to Karnataka High Court ruling
The Allahabad High Court also referred to earlier judgments on the hijab issue. It noted that various High Courts have held that wearing a headscarf is not an essential religious practice of Islam for women.
The bench said it found no reason to take a different view from the Karnataka High Court’s earlier judgment on the issue.
It also noted that the Karnataka High Court ruling remains in force, as the Supreme Court has not yet finally resolved the matter after delivering a split verdict.
The Allahabad High Court therefore dismissed the student’s petition, allowing the school to continue enforcing its prescribed uniform policy.
