As all eyes are on the Karnataka High court to know the verdict on Hijab row, Kerala had pronounced a similar verdict in the year 2018. The Court after hearing a petition filed by two students of the Christ Nagar Senior Secondary School in Thiruvananthapuram, dismissed the plea to wear hijab against the school uniform code, observing that it is purely within the domain of the institution to decide on the same.
The court ruled that it was for the institution to decide whether the petitioners can be permitted to attend the classes with the headscarf and full sleeve shirt. The case stemmed from the refusal of the sisters to abide by the dress code after they were directed to attend school with a proper dress code. But they did not relent and insisted that they should be permitted to attend classes wearing the headscarf and full sleeve shirt which is not prescribed in the dress code.
The siblings had pleaded that they belong to the Muslim community and are followers of the Islamic faith. They wanted to wear the headscarf as well as full sleeve shirt. The school authority found that it is against the dress code prescribed by the school authority.
In its verdict, the High Court highlighted that one has the liberty to follow his or her own notions and convictions in the matter of dress code. At the same time, when such a right is claimed against a private entity which is also having an equal Fundamental Right to manage and administer an institution, the court has to balance the competing Fundamental Rights and decide the issue.
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