SOPORE LAW COLLEGE

Moot Court Problem

BA LL.B 8th SEMESTER

The ministry of education, government of Pepsu issued a notification to regulate the dress code of the
students in all schools within the state of Pepsu. According to the notification both students and teachers
where supposed to be in uniform. While implementing the order of the government the girl students who
used to wear hijab were not allowed to enter the school. Similarly the Sikh students were asked to remove
their turban before entering the school premise. This controversial rule made by the government of Pepsu
triggered the protest in many states. In the meantime some students who refused to remove their hijab where
not allowed to sit in examination. This issue was given hype in media and the whole issue was given a
communal colour. Many female teachers where seen in media removing there hijab and abaya in front of
the school gate. The Hindu students also protested against the hijab, and they came to school wearing the
saffron robe. Government issued further notification and banned all types of religious symbols, or any dress
signifying any religion in the school. The whole matter went to the Supreme Court of India. The petitioners
contented that banning of hijab and turban in schools violated the fundamental right guaranteed in part III
of the constitution. The petitioners argued rule made by government violated articles 25, 14, 19, 21 and 29
of the constitution.

Issues before the court:

1. Does the notification violate article 25, 14, 19, 21, 29 of constitution?
2. Do the restrictions imposed by way of notification come under reasonable restrictions?
3. Does wearing of hijab come in the essential practice of Islam?