Recently while granting bail to the accused in Afsha Sheikh and Ors. V. State of Madhya Pradesh, the Madras HC imposed several conditions which included that the girl students from other religion cannot be forced to wear hijabs.
This case came into consideration when a poster of School Toppers was showing non-Muslim girl students wearing Hijabs. In Damoh’s case, it was alleged that the girl students were compelled to wear hijabs, and the non–Muslim students were not allowed to put on their sacred thread (Kalawa) and Tilak. Furthermore, the school management was making students learn Urdu compulsorily and the prayers only of Muslim religion were being recited.
The Bench under Justice Dinesh Kumar Paliwal in Damoh’s Ganga Jamna School Hijab Case granted conditional bail to the Principal and the co-accused. The court as the case decision was taking time found it fit to allow a conditional Bail with the below-laid conditions: –
- Applicants shall not repeat the commission of offence in which they are being released on bail.
- They shall not prevent students of other religions from wearing the essentials of their own religion such as wearing a kalawa and putting tilak on the forehead.
- They shall not compel the students of other religion to read/study any material or language which has not been prescribed or approved by the Madhya Pradesh Education Board.
- They shall not provide any religious education or material belonging to Islamic faith to the students of other religions and shall impart only modern education as contained in Section 53(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015.
- Girl students of other religion i.e. Hindu and Jain etc. Shall not be compelled to wear a Hijab anywhere in the school premises or in the classrooms.
It was also held that this order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Credits – Afsha Sheikh and ors v. State of Madhya Pradesh MISC. CRIMINAL CASE No. 30656 of 2023.
Written by – Vidhi Mahajan, a student of BA LLB from Guru Nanak Dev University, Amritsar, a Legal Intern under Legal Vidhiya.
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