The court in its judgment passed on August 21 also observed, “It is to be noted that the assertion in the writ petition that wearing a headscarf is an essential religious practice is a bare assertion.”
Published: August 25, 2026, 11:19 AM IST
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No hijab or scarf in school
New Delhi: In an important ruling, the Allahabad High Court said that wearing a scarf or hijab is not permitted in schoolsIt observed that school uniform discipline promotes equality among children, institutional identity and a secular environment.
A division bench comprising Justice J.JMunir and Justice Indrajit Shukla dismissed the petition filed by the minor student with these observationsSukaina Rizvi, a minor student of Tagore Public School in Prayagraj, had sought permission to attend classes wearing a scarf, or hijab, in addition to the school’s prescribed dress code.
The petition was filed by a minor girl and a student of the Tagore Public School, Attarsuiya, Prayagraj who has passed the high school and seeks admission to Class XI in the same institutionShe moved the court through her mother asking directions to the school authorities to permit the petitioner to wear a headscarf in addition to the uniform prescribed by the school.
What Did The Court Observe:
A two-judge bench comprising Justices J J Munir and Indrajit Shukla observed, “We have perused the photographs from various classes relating to the petitionerExcept for her, no other girl student is donning the headscarf, even those belonging to the same religious community as the petitioner.”
“Wherever this issue has arisen, the high courts have been unanimous in opinion that wearing a headscarf is not an essential part of the Islamic faith for a woman to don in the absence of which faith would be jeopardised,” the court added.
The court in its judgment passed on August 21 also observed, “It is to be noted that the assertion in the writ petition that wearing a headscarf is an essential religious practice is a bare assertion.”
Student Lawyer’s Argument:
The student’s lawyer argued that wearing a scarf is part of the freedom of expression guaranteed under Article 19(1)(a) of the ConstitutionIt is also linked to her dignity and bodily autonomyWearing the scarf is part of her religious practicePreventing her from wearing it would violate the fundamental rights guaranteed under Articles 14 and 19(1)(a).
The lawyers appearing for the state government and the CBSE argued that the school is a private unaided institution and does not come under the direct control of the stateThey said that prescribing a uniform is a matter of school policy, aimed at maintaining uniformity among studentsThe High Court observed that not raising an objection earlier could also have been due to laxity, negligence, lack of will, or propriety.
The court also referred to the Kerala High Court’s observation in the Fathima Tasneem vState of Kerala case that both a student’s right to choose her dress and an institution’s right to manage itself are fundamental rightsHowever, when the two come into conflict, the broader interests of the institution should be given priority.
