Why Allahabad HC rejected schoolgirl’s plea to wear hijab

The Allahabad High Court has dismissed a Muslim student's request to continue wearing a hijab in school, stating that years of wearing it did not grant her the right to do so. The court ruled that the student's claim of religious necessity was a "bare assertion" without supporting evidence. The decision comes after a series of judgments weighing the "essential religious practice" test under Article 25 of the Constitution.

The case revolves around a student from the Muslim Shia community who had attended a school in Prayagraj from Class VI to Class X, donning a headscarf throughout her tenure. She sought permission to continue wearing it, arguing that the school's dress code violated her right to free expression under Article 19(1)(a) of the Constitution.

The school argued that the scarf contravened its dress code and was not observed by other students in her religious community. The court emphasized that the school's decision to maintain the dress code was valid, as it deemed the uniform "uniform, bona fide, non-discriminatory and intended to maintain discipline and institutional identity."

The court also dismissed the student's religious claim, stating that no authoritative religious text or expert evidence supported the necessity of wearing a headscarf inside the classroom. The ruling echoes similar decisions, including the Karnataka High Court's 2022 hijab case and a 2002 Bombay High Court judgment, which held that school uniforms are matters for educational institutions and students claiming religious protection must prove the practice is obligatory to their faith.