Varsha Tanwar & T. Chandra Shekhar, Rajiv Gandhi National University of Law, Punjab
ABSTRACT
The secular state and tenets of religions have, for the most part been at odds. Be it in the name of progress or reform, many laws have been made to curtail the freedom available in regard to religious practices around the globe. This study is focused on one such issue that occurred in India. In the presented case, the students’ religious identity was harmed when they were not allowed inside their school wearing a ‘hijab’. A circular mandated uniform amongst the student body and disallowed any other piece of attire. The order which was passed in the name of education and literacy of the students, yet it rendered them helpless and disallowed them from the exam centers due to them donning the headscarf. The case study details the verdict and its analysis, including the extent to which are the limits when it comes to the state exercising their power to impinge upon its citizens’ religious beliefs. The expanse of the freedom allowed to profess religion and the clash of the secular state with innocuous practices in the name of equality and progress. The Court’s view on the application of ‘essential religious practice’ test in the current case is analyzed in detail.
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