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Synopsis

The Madhya Pradesh High Court has granted bail to the principal and staff of a controversial school from Madhya Pradesh.

The Court has directed the accused persons not compel students from Hindu and Jain faith to wear 'hijab' anywhere in school premises and classrooms or force them to study materials of Islamic faith.

A single judge bench of Justice Dinesh Kumar Paliwal ordered release of Asfa Sheikh, Anas Athar and Rustom Ali bail in a case relating to the FIR lodged on June 07, 2023 with Kotwali police station at Damoh in Madhya Pradesh.

All the three were arrested on June 11, 2023 for the offences punishable under Sections 295A, 506 and 120B of the 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. 

It was alleged principal Asfa Sheikh, teacher Anas Athar and peon Rustom Ali and management of the Ganga Jamuna Higher Secondary School, Futera Ward, Damoh compelled students from Hindu and Jain faiths to wear salwar kurti, head scarf (Hijaab) and dupatta (scarf).

It was further alleged Urdu was being taught as compulsory subject in school from nursery to Class XII and prayers belonging to muslim faith were being recited and taught in school and students from Hindu and Jain religion cannot put tilak on the forehead and cannot tie sacred thread (kalawa) on their wrist and if someone wore the sacred thread (kalawa) or put tilak, he was being forcibly prevented, by the teachers. 

In their plea, the applicants contended that it was the Managing Director Mohd Idrish and members of the School Management who have prescribed the dress code and made it compulsory to all girls students to wear head scarf (Hijaab) with dress as their school is a minority religious institute. 

The prosecution, on the contrary, said the girl students are being compelled to wear head scarf (Hijaab), whereas even minority institutions cannot compel the students belonging to other religion to wear head scarf (Hijaab) and it cannot prevent students of other religion from wearing sacred thread (kalawa) and puting tilak on the forehead. Such schools also cannot compel them to read Urdu language necessarily and to recite the prayers belonging to Islam faith. 

The applicants submitted that no offence under Section 3/5(1) of the Madhya Pradesh Freedom of Religion Act was made out against them as there are no allegations against them that they are involved in forced conversion of the students of the said school. 

The court said it is a case in which applicants may be released on bail as after the investigation, a charge sheet has been filed against them and the main allegations are against management of the school, while trial of the case will take considerable time.

The bench, however, directed the three applicants not to repeat the offence, and not prevent students of other religion from wearing the essentials of their own religion as such wearing a sacred thread (kalawa) and putting tilak on the forehead.

"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. They shall not provide any religious education or material belonging to Islam faith to the students of other religion and shall impart only modern eduction as contained in Section 53(1)(iii) of the Juvenile Justice (Care and Protection of Children) Act, 2015," the bench said.

The court also directed that the girl students of other religion i.e. Hindu and Jain etc should not be compelled to wear head scarf (Hijaab) anywhere in the school premises or in the class rooms.

Case Title: Afsa Sheikh and Ors Vs State of Madhya Pradesh 

 

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