Potential hijab controversy defused in Gauhati High Court

STAFF REPORTER

GUWAHATI: A potential controversy over donning of nakab or hijab in a school in Assam was defused in the Gauhati High Court recently due to the humanitarian stand taken by the school authority concerned and its endorsement by the court.

The writ petition in the case was filed way back in 2013 by the mother of a child who had then been newly admitted to a missionary school in Bokakhat. The petitioner, Alee Ahmed who originally hails from Kerala, had submitted in her petition of 2013 that she had admitted her daughter into the nursery class of the Kristo Jyoti School at Bokakhat out of compulsion "because there was no other English-medium school in the locality". She further submitted that since they are followers of the Islamic religion, she had informed the school authority that the child would wear a nakab or hijab (head scarf) to school. However, she stated, the school authority objected to the wearing of nakab/hijab on the ground that the school is a Christian minority school governed by Article 30 of the Constitution of India and as per their rules and regulation, the prescribed uniform alone can be worn by the students and no further additional mode of dressing could be allowed. The school authority then asked Alee Ahmed to discontinue further studies of her child in the school and accordingly gave her 15 days' time to do so back in 2013. At that juncture, Alee Ahmed moved the Gauhati High Court to seek redress.

During the recent resumption of hearing of the matter, the court noted that it had not passed any interim order allowing the child to continue her studies in the Kristo Jyoti School by adhering to a dress code which might be contrary to the uniform prescribed by the school authority. The court also noted in this context that the school's counsel informed the court that the child in question had been continuing her studies in the school and is presently studying in Class-VIII. Further, she has continued to wear the nakab/hijab over and above the prescribed school uniform during all these years.

When questioned in this regard, the assistant principal of the school, Nicholos Kerketta told the court that the school authorities had allowed to the child to pursue her studies considering the interest of the child. The court then asked Kerketta whether the school authority would allow the child to continue and complete her studies for the remaining two years (that is, up to matriculation). The assistant principal replied in the affirmative.

Thereupon, the court observed, "We appreciate the said stand of the school authorities. In view of such statement of the Assistant Principal, the issue raised in this writ petition, in our view, does not require any adjudication on its merit and we leave the question to be decided in other proceeding that may be raised."

The court, however, made it clear that "…as the child is allowed to continue her studies in the school as a humanitarian gesture on the part of the school authorities, we clarify, firstly, that the act of the Kristo Jyoti School in allowing the daughter of the petitioner to continue her studies in the school by wearing nakab (hijab) over and above the prescribed uniform shall not be treated to be a precedent in any manner to be made applicable to any other person. Secondly, we also take note that it was purely a humanitarian gesture on the part of the Kristo Jyoti School in allowing the petitioner to attend her classes by wearing the nakab (hijab) over and above the prescribed school uniform to be for the purpose of the benefit of the child alone, rather than to be the basis of recognizing in any other legal right of the petitioner. In such view of the matter, the concession by the Assistant Principal of the school before the Court in allowing the child to continue her studies by wearing the nakab (hijab) over and above the prescribed uniform, is also not to be made the basis to claim any other right by the petitioner before the school authorities, nor it be the basis for any other person to claim for any other legal right over the Kristo Jyoti School. If any other similar issues are raised by any other person in respect of the Kristo Jyoti School, the school authorities may deal with such issues, as may be advised by following the required procedure of law and the concession made in this writ petition be not referred as a precedent."

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