Courts shouldn't dictate dress codes: BJP on HC's hijab verdict

The BJP criticised the Allahabad high court's ruling on the hijab, arguing that courts should not decide on personal attire.

BJP spokesperson Syed Zafar Islam emphasised that faith is a personal matter and the Constitution grants citizens the right to live and dress as they choose.

The Allahabad high court dismissed a petition by a girl seeking to wear a headscarf, stating it is not an essential part of Islamic faith.

The court noted that no factual basis or authoritative religious text was presented to establish the headscarf as an obligatory religious practice.

The BJP believes decisions on school uniforms and dress codes should be the prerogative of school administrations, not judicial bodies.

The BJP on August 25, Wednesday, criticised Allahabad high court's observations during a judgment on the wearing of hijab in school, saying the matter should be left to the school administration and it is not for the courts to decide who should wear what.

"I feel that if the court issues such orders, it will give rise to many complex issues and further complications affecting every religion," BJP national spokesperson Syed Zafar Islam told PTI Videos, asserting that faith is a "big thing".

 

Allahabad High Court's Hijab Ruling : The Allahabad high court had on August 21 dismissed a girl's petition seeking direction to school authorities to permit her to wear a headscarf in addition to the uniform prescribed by the school for all their students.

In its judgment, the high court observed that "wearing a headscarf is not essential part of Islamic faith for a woman to don, in the absence of which, faith would be jeopardised".

BJP's Stance On Religious Freedom And Dress Codes : Reacting to the court's observation, Islam said, "You cannot single out just one religion. Even in villages, women observe the purdah (veil).This is part of our culture and our social etiquette," he said, adding, "I believe that how one conducts one's personal life is not a matter for the court to decide."

The bench had noted that except the petitioner, no other girl was wearing a headscarf, "even those belonging to the same religious community as the petitioner".

"Here, as already remarked, no such factual foundation has been laid or material placed on record to establish a case that the donning of a headscarf is an essential part of religion for a Muslim female forsaking which would oust the girl or woman concerned from the faith that she professes and practices," it said.

The court further observed that the petitioner's claim that wearing a headscarf was an essential religious practice was a "bare assertion".

"There is no pleading or authoritative religious text or material placed on record, sufficient by itself to establish that the practice asserted by the petitioner about the obligation to wear a scarf inside the classroom is obligatory upon her and the non-observance thereof would alter the fundamental character of her faith," it said.

School Autonomy Versus Judicial Intervention : Islam said the court should also take cognizance of the fact that faith is a "big thing".

People of every religion hold faith in their respective beliefs and conduct their lives accordingly, and the Constitution grants everyone this right, he asserted.

"I do not think the court should issue any orders as to what a person should or should not wear. Regardless of their religion, every citizen has the right to live and dress as they choose.

"The only requirement should be that they do not violate the laws of the country. Beyond that, they should have complete freedom," Islam said.

"However, a school is a different setting. Schools have uniforms and the decision regarding what should or should not be worn should be left to the school administration.

"This is a matter for the school administration to handle, not the courts," the BJP spokesperson added.