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Wearing a Headscarf Not an Essential Religious Practice: Allahabad HC

The Allahabad High Court recently ruled that wearing a headscarf, such as a hijab, is not considered an essential religious practice for Muslim women in Islam. This decision came after a Class 11 student from Prayagraj sought permission to wear a headscarf with her school uniform at Tagore Public School.

In her petition, the student argued that wearing the scarf was protected under her fundamental rights as an essential part of her religion, citing Articles 14 and 19(1)(a) of the Constitution. She mentioned that she had worn the scarf without any issues from Class 6 onwards.

However, the High Court dismissed her plea. It pointed out that while she had worn the scarf for several years, this did not create a legal right to change the school’s uniform policy. The court also noted that no other girls in her school, even those from the same religious community, wore headscarves.

The Allahabad HC reviewed previous rulings by courts in Bombay and Karnataka, which had similarly concluded that wearing a hijab is not an essential practice of Islam. These courts found that not wearing a headcovering did not violate Islamic principles.

The High Court emphasized that the issue was primarily about following school rules rather than interfering with religious freedom. It stated that schools require uniformity to maintain discipline and that allowing exceptions would undermine this principle.

Ultimately, the court sided with the school’s dress code policy, stating it does not restrict a student’s right to practice their faith but focuses on maintaining institutional discipline.

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