The hill district of Nura in the State of Vaiga, has lost all its otherwise peace, tranquillity and

cheer,
in the last few weeks. Voices of protests, sirens of police jeeps and shrilling arguments over the
media have taken the place of the trickling brooks, gentle breeze and the happy voices. The State
of Vaiga and the agitation in Nura is all over the national media as well, and the whole nation of
Hindukush looks to have taken sides, one supporting and the other opposing the State
Government’s stand in Nura.

International media too has taken an interest over the matter. Nura, in addition to being a tourist
paradise, is also known as an educational hub, with a multitude of residential schools and
institutions of higher education including professional courses. Students from all over the country
enrol for the academic programs, and a university township has developed. The young population
is truly heterogenous, that Nura is often referred to as ‘the Kaleidoscope of Hindukush’ – a fine
display of cultural, linguistic, religious and ethnic diversities that the country is known for.

Another uniqueness of Nura is its resident Arabic settlement comprising of around 100 families,
living within an enclosed area, following their traditional style of dressing, practices, belief and
cuisine, since 1920.The disparity in the population is also economic; some of the traditional
farmers and settlers have emerged as exporters of spices; and others still remain as tillers of the
soil. During the 2021 Christmas celebration, an unfortunate incident occurred in one of the Higher
Secondary Schools in Nura.

A student committed suicide after leaving a note that she has always found it depressing in
school, where many students come in fashionable and rich outfits, and where poor students like
herself, are totally ignored and do not get to involve especially in the extra-curricular activities.
Following this, a circular was issued by the School Management Committee of Maharaja’s Higher
Secondary School – a prime government school in Nura - notifying that the students shall follow a
uniform dress code.

The circular dated January 25, 2022 stated - “In the light of the report submitted by Academic
Reforms Committee, and with the objective of ensuring that students wear clothing that protects
equality, integrity and does not hinder with public order, the School Management Committee of
Maharaja’s HSS issues the following directives - Within the campus, all students of the higher
secondary program shall wear the uniform dress code as prescribed hereunder :

(a) Navy Blue trousers and white shirt for the male students

(b) Navy Blue kurta, white salwar and white waist coat for the female students.

(c) Transgenders are allowed to choose between (a) and (b) as per their gender identity.

The circular brought in general unrest among student community regarding the sudden
imposition of uniforms on the students. In order to ensure that the students follow the dress code,
few faculty members were deputed at the entry point of the school, to let in only those who abided
by the code. It was then that the Muslim girls who were wearing coloured hijab/head scarf were
denied entry to the campus on the ground that the hijab violated the dress code.
This led to statements of protest from the Muslim community and other liberal minded people,
that the Hijab ban was a deliberate attempt on the part of the State Government to discriminate
Muslims and curb their freedom of religion. The girls appealed to the College authorities that
wearing hijab is an inevitable part of their religion and belief, and therefore they must not be
deprived of their constitutional right to practice and profess their religion.

Moreover, they pleaded that as their parents would not allow them to go out without wearing
hijab, the hijab ban would ultimately result in deprival of their right to education. They also
undertook to wear hijab of the same navy-blue colour as in the dress code. However, this was
brushed aside by the school authorities who insisted that hijab is not in tune with the prescribed
dress code for students. Meanwhile a Government Order was issued by the State of Vaiga,
declaring that hijab is not an essential part of Islam religion.

Aggrieved by the action of the school, Asifa, a Muslim girl student filed a writ petition in the
Supreme Court contenting that the ‘hijab ban’ in schools and denial of entry to schools for girls
who wear hijab, violates their fundamental right to equality and freedom of religion. The
Progressive Students Union filed a petition seeking removal of the dress code as it violates their
personal liberty, privacy and freedom of expression guaranteed under the Constitution.

The State Government contended that they have not interfered with the freedom of religion at all,
and that “the very purpose of uniform and dress code is to maintain equality among the students
and maintain dignity, decorum and discipline in the institution." Further, Maharaja’s HSS stated
that prescribing uniform in the higher secondary school is in furtherance of avoiding display of
religious symbols within the institution, and thereby in tune with the secular principles. Supreme
court has clubbed all the related petitions and the matter has come up for final hearing.

The points for consideration are –

(i) Whether wearing of Hijab is an essential religious practice of Islam religion?

(ii) Whether disallowing wearing of hijab within the college violates freedom of religion of
the Muslim girls?
(iii) Whether uniform dress code violates the petitioners’ fundamental rights under Articles
14, 19(1)(a) and 21 of the Constitution?
(iv) Whether the Government Order and the school circular violates secularism, which is a
basic structure of the Constitution?
(Students may add additional issues. The laws of India apply as it is to the Union of
Hindukush)