In Fathima Thasneem v. State of Kerala [2018 KER 65441], the Kerala High Court held that the collective right of an educational institution to enforce a uniform dress code for discipline and equality overrides a student’s individual right to wear religious attire, such as a hijab (headscarf) and full-sleeved shirts.
The High Court dismissed petitions filed by two Muslim girl students, ruling that while students possess individual rights, they cannot insist upon exercising those rights in a manner that conflicts with the institution’s larger right to manage its affairs and impart education effectively.
The High Court affirmed that final discretion rests with the institution to decide matters concerning its dress code.
Women’s Fundamental Right to Choice of Dress
In Amnah Bint Basheer v. Central Board of Secondary Education [2016 (2) KLT 601], the Kerala High Court held that a woman’s right to choose her dress based on religious prescription, when such prescription forms an essential part of the religion, constitutes a Fundamental Right under Article 25(1) of the Constitution of India.
Balancing Competing Rights
Conversely, the right to establish, manage, and administer an institution is equally a Fundamental Right under Article 19 of the Constitution of India, as stated in judgments of the Honourable Supreme Court in T.M.A. Pai Foundation and Others v. State of Karnataka and Others [2002 (8) SCC 481] and P.A. Inamdar and Others v. State of Maharashtra and Others [(2005) 6 SCC 537].
Balancing Plural Rights Based on Priority
When competing claims arise, one constitutional right is not intended to annihilate the rights of others. The Constitution seeks to balance such plural interests, but when a priority of interests exists, individual interest must yield to the larger interest.
Conclusion
The Kerala High Court observed that when a student’s fundamental right to wear religious dress clashes with the public interest of schools, the latter takes priority.
