Hyderabad (Telangana) [India], August 28 : AIMIM president Asaduddin Owaisi on Thursday reacted to the Allahabad High Court's decision rejecting the petition of a minor girl seeking permission to wear a hijab with her school uniform.
Questioning the High Court's order, Owaisi said a nine-judge bench of the Supreme Court is currently hearing the Sabarimala case, which is set to decide under Article 25 what constitutes 'essential religious practices'.
"Since the Supreme Court has reserved its judgment, and given the argument that the hijab is not essential to Islam, judicial discipline dictates that the Allahabad High Court judges should not have delivered an interim verdict on this matter until the Sabarimala judgment was delivered. The correct course of action would have been to allow the girl to wear the hijab pending the Sabarimala verdict," Owaisi said in an interview with ANI.
He said that the hijab matter from Karnataka had already reached the Supreme Court, where two judges delivered a split verdict, yet that precedent was disregarded.
"Thirdly, how do you determine the essentiality of my religion? It is mentioned in the Quran-- Allah Himself has stated it there. If you do not consider that essential, then what would you consider essential? The Supreme Court has declared privacy a fundamental right; isn't privacy my right? PM Modi did say in a speech that one can be identified by their clothes. What is Article 25 for? What do you call freedom of religion?" he added.
On Tuesday, the Allahabad High Court observed that the petitioner failed to present any religious scriptures or material to prove that wearing a scarf is an "essential" part of her religion, without which her faith would be affected. The court also noted that in the photographs, other students from the same religious community were seen not wearing scarves.
The court stated that as long as a dress code is uniform, made in good faith, non-discriminatory, and aimed at maintaining discipline and institutional identity, the determination of the uniform falls primarily within the jurisdiction of the school. The court clarified that even if the student had been wearing a scarf in lower classes without hindrance, it does not grant her a permanent or enforceable right to compel the school to change its uniform policy.
A division bench comprising Justices JJ Munir and Indrajit Shukla clarified that the school is not curtailing the student's freedom of faith but is merely demanding institutional discipline, of which the uniform is an essential part.
The petitioner student had passed her High School (Class 10) from the same school and sought admission into Class 11. She claimed that she had been wearing a scarf over her school uniform since Class 6 and no objection had ever been raised. However, at the time of admission to Class 11, the school management stated that wearing a scarf was a violation of the dress code and refused her admission on those grounds.
Owaisi termed the judgement an "attack on Islam". He suggested that the High Court should not have delivered such an order when the Sabarimala case is pending before the apex court, which is dealing with essentiality in a religion.
Addressing the grand Jalsa-e-Rahmatul-lil-Alameen gathering held at the party headquarters in Darussalam on Tuesday, the AIMIM chief said, "A judgment came from the Allahabad High Court. A girl was wearing a hijab to school, and the Court ruled that one cannot wear a hijab. I disagree with this High Court judgment; I do not concur with it. The Sabarimala case is already before the Supreme Court, where nine judges are deciding what is essential. Today's verdict violates Articles 25 and 19 of the Indian Constitution. Who are you to decide what is essential to Islam? Girls are wearing hijab on their heads, not on their minds. It is an attack on Islam."
Union Minister Giriraj Singh on Wednesday launched a fierce attack on Owaisi, asserting that anyone who wishes to live in India must abide strictly by the Constitution.
Responding to Owaisi's claim that the judicial verdict amounted to interference in the community's affairs, Singh questioned the AIMIM leader's regard for the judiciary and the rule of law.
"Owaisi ji's statements are truly astonishing. It is hard to comprehend what Owaisi thinks of himself. Are they people who respect the Constitution of India, or are they people who act against the Constitution? If the Supreme Court or the High Court gives a verdict to their liking, then it is acceptable to them. But if it isn't, they will oppose the Supreme Court, the High Court, or any court of law," Singh told reporters.
"I say this repeatedly. Owaisi ji, if you prioritise Sharia law alone, then let the Muslims across the country declare that in cases of theft--where Islam prescribes cutting off the hand--let hands be amputated. At that time, you seek protection under the IPC sections, but at this moment, you take offence? This will not be tolerated in this country. If one wishes to live in India, one must abide strictly by the Constitution of India," the Union Minister added.