A bench of the Allahabad High Court rejected a petition filed by an eleventh-grade Muslim student from Tagore Public School in Prayagraj. The petitioner had requested permission to wear a hijab along with the established school uniform.
The judicial bench, comprising Judge J. J. Munir and Judge Indrajit Shukla, ruled that wearing a hijab is not a mandatory part of Islam. The court emphasized that the school's dress code is intended to ensure uniformity, prevent discrimination, and maintain discipline, and that the institution has the right to enforce this code.
During the hearings, the court noted that no religious or legal evidence was presented to confirm that wearing a hijab is a mandatory practice in Islam. According to the court, accommodation cannot be granted based solely on a statement under the right to freedom of religion. The student argued that she attended school from sixth to tenth grade wearing a hijab without objection. However, the court stated that the institution's previous consent does not create a legal right.
The High Court clarified that adhering to the dress code is mandatory in educational institutions to maintain order and uniformity. If the school's policy on clothing is consistent for all students and is not discriminatory, then the demand to change it based on personal preference cannot be met. The bench noted that the school can set rules to preserve its identity and discipline, and students cannot demand constant changes to rules based on past leniency.
In its decision, the bench also referred to previous judicial rulings. The Allahabad High Court pointed out that other high courts have also concluded that women wearing a hijab is not a mandatory element of Islamic faith. The court added that there are no reasons to adopt a position different from that in the previous ruling of the Karnataka High Court. Taking all these factors into account, the court dismissed the petition and allowed the school management to apply its established dress code.
