Not essential religious practice: Allahabad High Court rejects Muslim student’s plea to wear hijab in school

The Court was dealing with a petition moved by a student of Tagore Public School at Attarsuiya in Prayagraj. The student said that the school authorities refused her admission in class XI on ground that she was not welcome with her headscarf.

She argued that she had worn a hijab since class-VI. In response to the student’s demand, the school said that the addition of a headscarf to the prescribed uniform would be contrary to the dress code.

In the judgment passed on August 21, the Court said that the fact she might have worn a headscarf earlier without any objection cannot by itself create a vested or enforceable right to compel the school to alter or relax their uniform policy for students seeking admission to Class XI.

“In the past, the School might not have raised objection to the petitioner wearing a headscarf when she was reading in the lower classes, either due to lethargy, inaction, lack of will, non-enforcement of the uniform policy, even courtesy or hesitation, but that would not give rise to an estoppel against the School when they decide to enforce a uniform policy, enforcing their dress code,” it added.

The Court also underscored that it is always open to the school to change the uniform policy and alter the dress code. It went on to highlight the importance of uniforms in schools.

“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 said.