• Roy Alex Vattakunnel PhD Scholar (Law), Christ University, Bangalore
  • Shampa I Dev Christ University, Bangalore, India


Essential Religious Practices, Freedom of Expression and Religion, Public Order, Reasonable Accommodation, School Uniforms, SDG 16 Peace Justice and Strong Institutions


It is a critical question whether unrestricted freedom of religion is detrimental to the development of peace. Recently the religious dictate of wearing a hijab has come in conflict with the prescription of uniforms at educational institutions. This led to large-scale violence and unrest in society. It raised concerns about the scope of the right to freedom of expression, protection of religious expression, the overarching requirement of a need for public order, and reasonable accommodation of diversity in society. This research explores these issues in the context of educational institutions by critically analysing the laws and operative principles and the role of law and religion in promoting social cohesion and integrity. It addresses the counterarguments of reasonable accommodation and argues that the concept of reasonable accommodation fails to address deep-rooted structural inequalities, and in an education setup prescription of uniforms is justified as it portrays higher values of equality, development, and peace.


Ahmed, Furquan, et al. “A study of Compatibility of Anti-conversion Laws with Right to Freedom of Religion in India,” Indian Law Institute, New Delhi, 2013.

Anthony, Francis-Vincent, et al. Religion, and Conflict Attribution: An Empirical Study of the Religious Meaning System of Christian, Muslim and Hindu Students in Tamil Nadu, India, Brill, 2014.

Basu, Das Durga Commentary on the Constitution of India. 9th ed., LexisNexis, 2014.

Bigger, Stephen. “Muslim Women’s Views on Dress Code and the Hijaab: Some Issues for Education.” Journal of Beliefs and Values, vol. 27, no. 2, 2006, 215–26,

Cuddeback, John A. D. “Thomas Aquinas’ Notion of Law’ Liberty, Life and Family,” vol. 3, no. 1, 1997, pp. 89-96.

Chintaman Rao vs. The State Of Madhya Pradeshram ... on 8 November 1950, 1951 AIR 118, 1950 SCR 759

Deneulin Severine, and Bano Masooda. “Religion in Development - Rewriting the Secular Script,” Zed Books, 2009.

Deoki Nandan vs Murlidharon 4 October 1956, 1957 AIR 133, 1956 SCR 756.

Dulles, John Foster. “ The Role of Law in Peace,” Comparative Law Bulletin, vol. 3, no. 2, 1959, pp. 15–21.

Fox, Jonathan. “The Religious Wave: Religion and Domestic Conflict from 1960 to 2009.” Civil Wars, vol. 14, no. 2, June 2012, 141–58,

Grim, Brian J., et al. “The Global Religious Landscape A Report on the Size and Distribution of the World’s Religious Groups as of 2010.” 2012, < publication/259938665> 3 May 2022.

Gujarat Water Supply & Sewerage ... vs Unique Erectors,1989, AIR 973, 1989 SCR (1) 318.

Henrard, Kristin. “Duties of Reasonable Accommodation on Grounds of Religion in the Jurisprudence of the European Court of Human Rights: A Tale of (Baby) Steps Forward and Missed Opportunities.” International Journal of Constitutional Law, vol. 14, no. 4, Oct. 2016, pp. 961–83, <>.

Hosen, Nadirsyah, and Richard Mohr (Ed.), Law and Religion in Public Life. Routledge, Taylor and Francis Group, London and New York, 2011.

Howard Erica 30. “Law and the Wearing of Religious Symbols in Europe.” 2nd ed. Taylor and, Routledge, London, 2019, <>.

Reddy Suderhan, The Constitution of India. 2nd ed., vol. 1, ASIA law House, Hyderabad, 2005.

Jenkins, Laura Dudley. “Diversity and the Constitution in India: What is religious freedom.” Drake Law Review, vol. 57, no. 4, 2009, pp. 913-948. Hein Online.

Jain, M.P., and Chelameswar. Indian Constitutional Law. 8th ed., LexisNexis, 2018

Kedar Nath Singh vs State Of Bihar on 20 January 1962, 1962 AIR 955, 1962 SCR Supl. (2) 769.

Little, David. “Human Rights, Religious Freedom, and Peace.” Brigham Young University Law Review, vol. 2016, no. 4, 2016, p. 1215-1236.

Lucas, Paul. “Ex Parte Sir William Blackstone, Plagiarist: A Note on Blackstone and the Natural Law.” American Journal of Legal History, vol. 7, no. 2, April 1963, pp. 142-158. HeinOnline..

M.R.F. Ltd vs. Inspector Kerala Govt. And Ors on 11 November, 1998, AIR 1999 SC 188, 191.

Nair, Gopika G., and Arya Suresh. “Hijab Ban: Revision of Religious Rights &Authority of State.” Jus Corpus Law Journal, vol. 2, no. 3, March-May 2022, pp.251-256. HeinOnline.

Om Kumar And Ors vs Union Of India on 17 November 2000, AIR 2000 SC 3689

Parker, M. Todd. “The Freedom to Manifest Religious Belief: An Analysis of the Necessity Clauses of the ICCPR and the ECHR.” Duke Journal of Comparative & International Law, vol. 17, no. 1, Fall 2006, pp. 91-130. HeinOnline.

R. C. Thampan And Ors. vs The Principal, Medical College, ... on 6 September 1978, AIR 1979 Ker 171.

Regina v. Governors of Denbigh High School, [2006] UKHL 15

Resham & Others. v. State of Karnataka. In the High Court of Karnataka, Bengaluru, WP NO. 2347/2022 Connected Cases: WP NO. 2146/2022, WP NO. 2880/2022, WP NO.3038/2022, AND WP NO.3044/2022.

Romesh Thappar vs The State Of Madras on 26 May 1950.

Sir M Venkata Subba Rao v Sir M Venkata Subba Rao on 10 February 2004, Writ Appeal No.661 of 2000.

State Of Karnataka v. associated Management of (government recognised unaided English medium) Primary and Secondary Schools, 2014, 9SCC 485:AIR 2014SC 2094.

State of Madras vs. V.G. Row Union of India & State, 1952, 1952 AIR 196 1952 SCR 597.

Sullivan Winnifred Fallers, “Law and Religion: an overview,” Encyclopaedia of Religion, 2nd ed., pp. 5325–31.

The Karnataka Educational Institutions (Classification, Regulation, and Prescription of Curricula Etc.,) Rules, 1995.




How to Cite

Vattakunnel, R. A., & Shampa I Dev. (2022). NAVIGATING FOR PEACE IN THE CONUNDRUMS OF RELIGION AND LAW. Journal of Dharma, 47(4), 393–412. Retrieved from