Lucknow , August 25 : Muslim Clerics have Tuesday criticised the Allahabad High Court’s order, dismissing a petition filed by a minor student of a school in Prayagraj, who had sought permission to wear a Hijab additionally along with the prescribed school dress code.
The court observed that the petitioner 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.
Islamic Centre of India Chairman Maulana Khalid Rasheed asserted that Hijab was an integral part of their religion and girls should be allowed to wear it in schools, in addition to the uniforms.
He told ANI, “Hijab is an integral part of Islam, and there is no confusion about it. Allah himself gave the order for pardah in the Quran. So, saying Hijab is not an integral part of Islam is not correct. School uniforms should be worn by all students; however, girls should be allowed to wear Hijab, just as children from other religions wear items of religious significance when attending school. I don’t think hijab is against any rules and regulations; moreover, it fosters modesty.”
Saif Abbas, a Shia religious leader, also echoed a similar sentiment. He argued that if a small percentage of Muslim women do not wear the Hijab, it cannot be said that it is not an integral part of Islam.
“We are not opposing school uniforms; the dress code should be followed. But if a student is asking permission to wear the Hijab, she should be allowed to do so as per the Constitution. Quran asks women to wear the Hijab, and it is an integral part of Islam. If some women don’t wear Hijab, it cannot be said that Hijab isn’t a part of Islam. A large percentage of women wear Hijab. The counsel in the court, I believe, could not make it clear that Hijab is integral to Islam. The matter should be taken to the Supreme Court,” Abbas said.
The Allahabad 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.
A division bench comprising Justice JJ Munir and Justice Indrajit Shukla 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.
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. 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. (ANI)
