Country. AIMIM chief Asaduddin Owaisi has expressed strong objection to the Allahabad High Court's decision of not allowing a student of a school in Prayagraj to wear hijab. In a program organized at the party headquarters in Darussalam on Tuesday, Owaisi said that he does not agree with the court's decision. Calling it an 'attack on Islam', he cited Articles 25 and 19 of the Constitution.
'I do not agree with the decision of the High Court'-
Owaisi said that the student wanted to wear a head scarf along with the prescribed school uniform, but the High Court rejected her petition. He said that when the Supreme Court is hearing a broad constitutional question to the necessity of religious practices, the High Court should not have given such an order.
He raised the question that how can the court have the right to decide what is necessary for any religious practice and what is not. Owaisi said, “Girls wear hijab on their head, not on their mind.”
Why did the High Court reject the student's petition?
The Allahabad High Court, while rejecting the student's petition, said that she could not present any religious text or evidence which could prove that wearing a scarf is an essential part of her religion.
The court also said that if the dress code of a school is uniform for all students, is not discriminatory and its purpose is to maintain discipline and institutional identity, then it is within the school's jurisdiction to decide the uniform.
Controversy started regarding admission in class 11-
The student had studied in this school till class 10 and wanted to take admission in class 11. She claimed that she had been wearing a scarf with her school uniform since Class 6 and earlier the school did not object to it.
However, at the time of admission to class 11, the school management refused admission citing the scarf as a violation of the dress code. After this the student had approached the High Court.
Owaisi also cited Sabarimala case-
In his statement, Owaisi also mentioned the Sabarimala case pending in the Supreme Court. He said the constitutional question of determining the 'essentiality' of religious practices is already before the Supreme Court. On this basis he raised questions on the decision of Allahabad High Court.
High Court considered school dress code important-
The court said that the student's previous wearing of the headscarf does not create a permanent legal right for the school to change its uniform policy. According to the court, the school is not abrogating religious freedom, but is trying to maintain institutional discipline through a uniform dress code.
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