When Kerala High Court rejected plea to wear hijab in school

By Vipin Vijayan | First Published Feb 10, 2022, 5:40 PM IST

Muslim students cannot seek the imposition of their individual rights as against the larger right of the institution, Kerala High Court observed in a 2018 verdict

Even as a full bench of the Karnataka High Court deliberates on the petitions filed by Muslim students challenging the ban on wearing a hijab in colleges, there seems to be a precedent in the instance where a court has ruled that Muslim students cannot seek the imposition of their individual right as against the larger right of the institution.

The Kerala High Court had in December 2018 ruled while hearing a petition filed by two students of the Christ Nagar Senior Secondary School in Thiruvananthapuram, ruled that it was for the institution to decide whether the petitioners -- siblings Fathima Thasneem and Hafza Parveen -- can be permitted to attend the classes with the headscarf and full sleeve shirt.

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While dismissing the plea to wear hijab against the school uniform code, Justice A Muhamed Mustaque observed that it is purely within the domain of the institution to decide on the same.

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The case stemmed from the refusal of the sisters to abide by the dress code after they were directed to attend school with a proper dress code. But they did not relent and insisted that they should be permitted to attend classes wearing the headscarf and full sleeve shirt which is not prescribed in the dress code.

The siblings had pleaded that they belong to the Muslim community and are followers of the Islamic faith. They wanted to wear the headscarf as well as full sleeve shirt. The school authority found that it is not consistent with the dress code prescribed by the school authority.

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In its verdict, the High Court highlighted that one has the liberty to follow his or her own notions and convictions in the matter of dress code. At the same time, when such a right is claimed against a private entity which is also having an equal Fundamental Right to manage and administer an institution, the court has to balance the competing Fundamental Rights and decide the issue.

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Justice Mustaque further said that petitioners cannot seek the imposition of their individual rights as against the larger right of the institution and that it is for the institution to decide whether the petitioners can be permitted to attend the classes with the headscarf and full sleeve shirt.

The court also ruled that if the sisters approach the institution for a Transfer Certificate, the school authority shall issue a Transfer Certificate without making any remarks. At the same time, if the petitioners are willing to abide by the school dress code, they shall be permitted to continue in the same school, the order said.

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