Hyderabad: AIMIM chief and Hyderabad MP Asaduddin Owaisi has strongly criticised the Allahabad High Court’s decision rejecting a Muslim student’s plea seeking permission to wear a hijab with her school uniform.
Describing the ruling as an “attack on Islam”, Owaisi argued that courts should not determine which religious practices are essential to a faith. He maintained that questions concerning religious observance should be decided by members of the faith themselves.
The Allahabad High Court, in its August 21 ruling, held that students cannot insist on modifying an institution’s prescribed dress code according to their personal preferences. The court dismissed a petition filed by a minor girl from a private school in Prayagraj who wanted to wear a headscarf while seeking admission to Class XI at the same institution.
A two judge bench comprising Justices JJ Munir and Indrajit Shukla rejected the argument that wearing a hijab constitutes an essential Islamic practice. The court observed that previous rulings by various high courts had reached a similar conclusion regarding the religious status of the headscarf.
The court also held that educational institutions can enforce their prescribed uniforms when the rules are fair, non discriminatory and intended to maintain discipline and equality among students.
Owaisi disagreed with the reasoning and argued that the ruling conflicts with constitutional protections related to freedom of speech and religious practice under Articles 19 and 25. He also questioned whether the High Court should have ruled on the religious practice issue while the Supreme Court is examining broader questions concerning essential religious practices.
Backing the student’s demand, Owaisi said wearing a hijab was a personal choice and should not be viewed as a barrier to education. He further warned that such restrictions could affect the education of Muslim girls, particularly in Uttar Pradesh.
“Uniformity is not equality,” Owaisi said, reiterating his opposition to the court’s decision.
