Context
Recently, the Allahabad High Court rejected a student’s plea to wear a hijab along with her prescribed school uniform, holding that it was not established as an Essential Religious Practice (ERP) in Islam. The Court treated the matter primarily as one of institutional dress code and discipline.
Explanation
- Article 25 guarantees all persons freedom of conscience and the right to profess, practise and propagate religion, subject to public order, morality, health and other Fundamental Rights.
- The Essential Religious Practices (ERP) test is a judicially evolved doctrine; the expression does not occur in the Constitution.
- The Shirur Mutt case (1954) laid the foundation for protecting practices considered integral to religion.
- Courts may examine religious texts, doctrines and evidence to determine whether a claimed practice is essential to a religion.
- In 2022, the Karnataka High Court held that wearing hijab was not established as an essential Islamic practice and upheld prescribed school uniforms.
- On appeal, the Supreme Court delivered a split verdict (1:1), leaving the broader issue without a conclusive majority ruling.
- The Allahabad HC held that previous permission to wear a headscarf did not create an enforceable right against a uniform, bona fide and non-discriminatory dress code.
- The issue involves balancing religious freedom, individual choice, equality and institutional discipline.
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Hijab ERP Test