No permission to wear scarf or hijab in school; dress code strengthens secularism: Allahabad High Court

The student's counsel argued that wearing a scarf is a part of the freedom of expression under Article 19(1)(a) of the Constitution and is linked to her dignity and bodily autonomy. It was further argued that wearing a scarf is part of her religious practice, and preventing her from doing so violates her fundamental rights under Articles 14 and 19(1)(a).

The Allahabad High Court has dismissed a petition filed by a minor student of a school in Prayagraj. The petitioner had sought permission to wear a Hijab additionally along with the prescribed school dress code while attending classes. The decision was delivered by a division bench comprising Justice J.J. Munir and Justice Indrajit Shukla. The petitioner student had passed her High School (Class 10) from the same school and sought admission into Class 11. She claimed that she had been wearing a scarf over her school uniform since Class 6 and no objection had ever been raised. In support of her claim, she presented her ID cards and group photographs from Classes 8, 9, and 10 to the court. However, at the time of admission to Class 11, the school management stated that wearing a scarf was a violation of the dress code and refused her admission on those grounds.

The student submitted two complaint letters to the District Magistrate. The District Magistrate sought a report from the District Inspector of Schools (DIOS). The Assistant DIOS conducted a hearing involving both parties, where the school principal clarified that the school is a co-educational institution where children from all communities study under a uniform dress code. Granting a special exemption to one student could adversely affect the school's disciplinary system. The student's counsel argued that wearing a scarf is a part of the freedom of expression under Article 19(1)(a) of the Constitution and is linked to her dignity and bodily autonomy. It was further argued that wearing a scarf is part of her religious practice, and preventing her from doing so violates her fundamental rights under Articles 14 and 19(1)(a).

Counsel appearing for the State Government and the CBSE stated that the school is a private unaided institution that does not fall under the direct control of the state. Determining a uniform is a matter of policy for the school administration, aimed at maintaining uniformity among students. They argued there is no violation of the fundamental right to religious freedom. The High Court stated that as long as a dress code is uniform, made in good faith, non-discriminatory, and aimed at maintaining discipline and institutional identity, the determination of the uniform falls primarily within the jurisdiction of the school. The court clarified that even if the student had been wearing a scarf in lower classes without hindrance, it does not grant her a permanent or enforceable right to compel the school to change its uniform policy. The court remarked that the previous lack of objection could have been due to laxity, negligence, lack of will, or mere courtesy, but the "principle of estoppel" does not apply when the school later decides to strictly enforce its rules.

The court further added that school uniforms promote discipline, equality among children, institutional identity, and a secular environment because they apply equally to students of all religions. The High Court observed that the school's authority to set a dress code is entirely justified, and those seeking changes in it should change their mindset rather than the dress code.

The court observed that the petitioner only claimed she had been wearing a scarf since childhood but failed to present any religious scriptures or material to prove that wearing a scarf is an "essential" part of her religion, without which her faith would be affected. The court also noted that in the photographs, other students from the same religious community were seen not wearing scarves. The Court clarified that the school is not curtailing the student's freedom of faith but is merely demanding institutional discipline, of which the uniform is an essential part. If individual students are allowed to modify the uniform according to their will, the very concept of a "uniform" would cease to exist. (ANI)