Prayagraj: The Muslim student who sought permission to wear hijab with school uniform has not got relief from the Allahabad High Court. Rejecting her petition, the court said that wearing headscarf cannot be considered a mandatory religious practice of Islam, which gets protection under Article 25 of the Constitution. The court ruled in favor of keeping the school's dress code in force.

A student studying in class 11 in a school in Prayagraj had approached the court. She said that she has been wearing hijab for a long time and it should be considered a part of her religious practice. However, Justice J.J. The division bench of Justice Munir and Justice Inderjit Shukla did not accept this argument.

Court's comment on Article 25 claim

The court said that merely describing a religious practice as being to faith does not give it protection under Article 25 of the Constitution. For this it is necessary to prove that the concerned practice is necessary and mandatory for the religion. According to the bench, no sufficient religious or legal basis was presented by the student to prove that covering the head is mandatory in Islam and without it her religious faith would be affected.

The court also noted that the student had mainly mentioned that she had been wearing hijab since childhood and since joining school in class 6. But following a practice for a long time does not in itself prove it to be a constitutionally mandated religious practice.

School dress code considered important

The High Court also stressed the need for uniform dress code in educational institutions. The court said that if the uniform policy of a school applies equally to all students and its purpose is to maintain discipline and the identity of the institution, then students cannot demand changes in it on the basis of their personal preferences. It was also said on behalf of the student that she studied with hijab from class 6 to 10 and during that time the school did not raise any objection. The court also did not consider this argument sufficient. The bench said that in the absence of any prior permission or objection, the student does not get the permanent legal right to wear hijab.

Karnataka High Court's decision also mentioned

Allahabad High Court also mentioned the judicial decisions given earlier in this matter. The bench said that some High Courts have not considered Hijab as an essential religious practice of Islam and it did not find any basis to take a different stand from the decision of the Karnataka High Court.

The court said that the Karnataka High Court's decision to hijab in schools is currently effective. After the divided decision on this matter in the Supreme Court, the final situation is not yet clear. On these grounds, the High Court rejected the student's petition and allowed the school to implement its prescribed uniform policy.