HYDERABAD — AIMIM president and Hyderabad MP Asaduddin Owaisi has mounted a sharp attack against the Allahabad High Court following its verdict upholding a private school’s uniform policy over a student’s request to wear a headscarf, calling the judgment an encroachment on religious freedoms and constitutional protections.
Owaisi contended that judicial institutions lack the authority to define essential religious tenets, arguing that faith-based determinations rest solely with the practicing community.
Objections Raised by AIMIM Leadership
Speaking to reporters in Hyderabad, Owaisi highlighted legal, constitutional, and educational concerns regarding the verdict:
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Challenge to Judicial Determination: Owaisi questioned the court’s authority to rule on religious necessity, noting that the broader issue of essential religious practices remains pending before a larger bench of the Supreme Court in the Sabarimala reference.
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Constitutional Violations: He argued that the order violates fundamental rights guaranteed under Article 19 (Freedom of Speech and Expression) and Article 25 (Freedom of Religion), stating: “She is wearing hijab on her head, not on her mind.”
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Educational Impact on Muslim Girls: Warning that such enforcement measures create barriers to education, Owaisi noted that secondary school enrollment among Muslim girls in Uttar Pradesh remains low and warned the policy would further hinder access.
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Rejection of Standardized Dress Norms: Dismissing institutional arguments regarding standardized attire, Owaisi remarked that “uniformity is not equality.”
Context of the High Court Ruling
The dispute follows an August 21 judgment delivered by a Division Bench comprising Justice J.J. Munir and Justice Indrajit Shukla of the Allahabad High Court. The court rejected a petition from a Class 11 student at a private school in Prayagraj seeking permission to wear a headscarf in addition to her mandatory uniform.
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Essential Practice Findings: The court ruled that wearing a headscarf does not constitute an essential religious practice in Islam without which the faith itself would be compromised.
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Institutional Authority: The bench reaffirmed that educational institutions possess full autonomy to enforce uniform regulations to maintain order, provided the rules remain fair and non-discriminatory.
