The Kerala High Court on Tuesday ordered that Muslim women candidates be allowed to appear for the All India Pre-Medical/Pre-Dental Entrance Test (AIPMT)-2016 scheduled on May 1 wearing hijab (headscarf) and full-sleeve dress, a dress code prescribed by their religion. Justice A. Muhamed Mustaq, however, allowed frisking of such candidates by women invigilators.
The court, while allowing a writ petition filed by Amnah bint Basheer of Thrissur against the dress code prescribed by the Central Board of Secondary Education (CBSE), observed that “the right of women to have the choice of dress based on religious injunctions is a fundamental right protected under Article 25(1), when such prescription of dress is an essential part of the religion”.
Part of religion
The court found that covering the head and wearing long-sleeve dress by Muslim women had been treated as an essential part of the Islamic religion. Article 25(1) protected such prescription of dress code.
Curbing malpractices
The court added that the rationale for prescribing a dress code by the Board was to avoid malpractices in the examination. The interest of the Board could be safeguarded by allowing the invigilator to frisk such candidates, including by removing the scarf. However, the safeguard had to be ensured that this must be done honouring the religious sentiments of the candidates. Therefore, women invigilators could be permitted to frisk such candidates.
The Judge pointed out that reasonable restrictions under Article 25 could be invoked to protect public order, morality and health. In fact, the prescription of a dress code was not invoked in the interest of public order or morals of society by the Board.
The court also observed that the right to practice the essential part of the religion as guaranteed by Article 25(1) “is insulated from interference by the authority or the State except in situation” referred to in Article 25.Therefore, the Board could not restrict of the claim of any similarly situated persons. The court ordered that all similarly situated persons would be entitled to the benefits of the court order.
The court said that the safeguards set by the High Court last year in a similar case could be followed for this year as well. The Board could take steps to protect the religious rights while inviting the application from next year onwards.
