The Allahabad High Court has dismissed a plea by a Muslim schoolgirl seeking permission to wear a hijab with her prescribed school uniform, ruling that she had not provided sufficient material to establish that wearing a headscarf is an essential religious practice of Islam.
A division bench of Justice J.J. Munir and Justice Indrajeet Shukla passed the order on a petition filed by Sukaina Rizvi, a minor student of Tagore Public School in Attarsuiya, Prayagraj.
Rizvi had sought admission to Class 11 while continuing to wear a headscarf along with the school uniform. She told the court that she had worn the hijab from childhood and had been allowed to wear it while studying at the school from Classes 6 to 10.
The student argued that preventing her from wearing the headscarf violated her fundamental rights under Articles 14 and 19(1)(a) of the Constitution and that the practice was part of her religious faith.
The court, however, said that merely claiming a religious practice was not enough to invoke constitutional protection under Article 25.
“A claim, placing reliance upon Article 25 of the Constitution, cannot be accepted for the sake of mere assertion, without the necessary factual and legal foundation,” the bench observed.
Court Upholds School’s Uniform Policy
The court held that a school can enforce its uniform policy when the dress code is uniform, bona fide and non-discriminatory, and is intended to maintain discipline and institutional identity.
The judges said a prescribed uniform promotes equality among students and helps maintain a “religion neutral atmosphere” in educational institutions.
The court also rejected the argument that the student’s earlier permission to wear the headscarf created a permanent right.
“In the past, the School might not have raised objection to the petitioner wearing a headscarf… but that would not give rise to an estoppel against the School when they decide to enforce a uniform policy,” the bench said.
The school had argued that allowing an exemption for one student could affect discipline and administration. It also pointed out that other Muslim girls at the institution were following the prescribed uniform.
Allahabad HC Refers to Earlier Hijab Judgments
The High Court considered earlier rulings by the Karnataka, Kerala and Bombay High Courts concerning hijab and school dress codes.
It particularly referred to the Karnataka High Court’s 2022 judgment, which held that wearing a hijab was not an essential religious practice in Islam. The Allahabad High Court described that ruling as a “persuasive authority of great value” and said it had no reason to take a different view.
The bench also noted that the Supreme Court’s consideration of the Karnataka hijab case had resulted in a split verdict, and that there is currently no authoritative Supreme Court judgment finally settling whether wearing a hijab constitutes an essential religious practice.
