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Ruling has come in the backdrop of petition seeking the right to wear hijabs or head scarves along with uniforms inside classrooms.
According to the Court, wearing of hijab (head scarf) by Muslim women does not form a part of essential religious practices in Islamic faith and is not protected under right to freedom of religion under Article 25 of Constitution.
Also, prescription of school uniform does not violate either right to freedom of speech and expression under Article 19(1) (a) or right to privacy under Article 21.
Further, restriction against wearing of hijab in educational institutions is only a reasonable restriction constitutionally permissible.
What is the essential religious practice test?
It was evolved by Supreme Court (SC) in ‘Shirur Mutt’ case (1954) to protect only such religious practices which were essential and integral to the religion.
Court held that term “religion” will cover all rituals and practices integral” to a religion, and took upon itself the responsibility of determining essential and non-essential practices of a religion.
This attempt to differentiate essential and non-essential practices was taken up in various judgments.