'Don't Compel Students To Wear Hijab; Allow Them To Put Tilak/Kalawa, No Islamic Education': MP HC's Bail Condition For Damoh School's Principal

The Madhya Pradesh High Court last week granted conditional bail to a female principal and two other accused arrested in connection with the Damoh's Ganga Jamna School Hijab Row. The Court has directed the accused to not force non-Hindu girls to wear hijab.

The bench of Justice Dinesh Kumar Paliwal has also directed them to not stop students of other religions from wearing the essentials of their own religion as such wearing a sacred thread (kalawa) and putting a tilak on the forehead.

The Damoh-based school is presently facing a probe by the state government on the allegations that the school management was forcing its non-Muslim students (Hindus and Jains) to wear hijabs. The matter came to light in May this year after a poster, hailing state board exam toppers, was pasted outside the school premises containing pictures of non-Muslim girls wearing hijabs.

After this, certain accused (managing the school) were arrested on the allegations that they were forcing the girl students to wear a head scarf (Hijaab) with the dress and when they did not wear the same, they were being compelled for the same by them. Further, it was alleged that school management was teaching Urdu as a compulsory subject and prayers belonging to the Muslim faith were being recited and taught in school.

It was also alleged that students belonging to Hindu and Jain religions could not put tilak on the forehead and could not tie sacred thread (kalawa) on their wrist and if someone wore the same, he was being forcibly prevented, by the teachers

On the basis of the material collected, a case was registered against Principal Asfa Sheikh, teacher Anas Athar and Peon Rustom Ali (accused before the Court) and management of the school for the commission of the offences under Sections 295A, 506 and 120B IPC, Section 75 and 87 of Juvenile Justice Act (Care and Protection of Children) Act, 2015 and Section 3/5(1) of the Madhya Pradesh Freedom of Religion Act, 2021.

Before the Court, the accused argued that the photos of the girl students wearing headscarves (Hijab) show that headscarves had been made mandatory by the school management and not by the present applicants. It was argued that the Present applicants are the principal and teachers and they only follow the instructions issued by the School Management.

On the other hand, the Counsel for the state argued that the accused cannot force the students to wear hijab or prohibit them from wearing tilak or kalawa.

Having heard the counsels for both sides, the Court noted that in this case, after investigation, a charge sheet has been filed against the applicants who are the principal, teachers and peon and the main allegations are against the management of the school.

The Court also noted that the trial of the case would take considerable time and hence, without expressing any opinion on the merits of the case, the Court thought it fit to grant them bail subject to the following conditions:

(i) Applicants shall not repeat the commission of of ence in which they are being released on bail.

(ii) They shall not prevent students of other religion from wearing the essentials of their own religion as such wearing a kalawa and putting tilak on the forehead.

(iii) 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.

(iv) 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.

(v) Girl students of other religion i.e. Hindu and Jain etc. shall not be compelled to wear a (Hijaab anywhere in the school premises or in the classrooms.

Case title - Asfa Sheikh vs. State of Madhya Pradesh and connected matter

Case Citation: 

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