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Damoh school hijab row: MP HC declines to quash FIR against four

The Madhya Pradesh High Court has refused to set aside an FIR against four former office-bearers and staff of a private school in Damoh, where students alleged they were forced to wear hijabs and follow certain religious practices

Jabalpur: The Madhya Pradesh High Court has refused to set aside an FIR against four former office-bearers and staff of a private school in Damoh, where students alleged they were forced to wear hijabs and follow certain religious practices.

A single-judge bench of Justice Himanshu Joshi, in an order passed on Friday, said the allegations that pupils were made to adopt a particular dress code and religious rituals through threats and pressure could not be dismissed as baseless at this stage and must be tested during trial on the basis of evidence.

The court accordingly rejected pleas by former school office-bearers Shailendra Kumar Jain and Abdul Wasim Bari, teacher Anas Athar and peon Rustam Ali, who had approached the High Court seeking quashing of the first information report (FIR) and the subsequent proceedings.

The controversy centres on Ganga Jamuna Higher Secondary School in Damoh. The state government ordered an inquiry in May 2023 after a poster showing Hindu girl students in hijabs came to light. Following complaints from students, the district collector set up an inquiry committee. On the basis of its report, police registered a case under sections 295-A (deliberate and malicious acts intended to outrage religious feelings), 120-B (criminal conspiracy) and 506 (criminal intimidation) of the Indian Penal Code, along with provisions of the Juvenile Justice Act and the Madhya Pradesh Freedom of Religion Act, 2021.

According to the allegations, the school made it compulsory for students to wear the hijab, offer namaz and study Urdu, while prohibiting them from sporting a tilak and kalava. The High Court noted that the FIR specifically alleged that students were compelled to follow these practices against their wishes through intimidation.

Justice Joshi held that the truth of these allegations would have to be ascertained during the course of the trial on the basis of evidence, and pointed out that police have already filed a chargesheet in the matter.

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