Kerala HC refuses to stay state government’s order allowing Muslim girl to wear hijab to school

The Kerala High Court on Friday refused to stay a directive from the Deputy Director of Education, Ernakulam, allowing a Class 8 Muslim student at St Rita's Public School, a Christian-managed school in Palluruthy affiliated with the Central Board of Secondary Education, to attend classes wearing a hijab, The Hindu reported.

However, the court sought the state's response to a plea by the school's manager, who requested a stay on the deputy director's directive and questioned whether the government had the authority to issue such an order to CBSE-affiliated schools.

A dispute over the school's uniform policy began on October 8, when the student started coming to school wearing a hijab. The student had joined the school in June.

The school authorities denied her permission to wear the hijab and sought an explanation from the child's parents about the “violation” of the uniform policy.

In response, the father, accompanied by more than six others, allegedly “unlawfully and forcefully trespassed into the school premises and manhandled the security personnel” who tried to prevent their entry, The Hindu quoted the school authorities as submitting in their petition.

The school had earlier approached the High Court seeking police protection for its management, staff and students following alleged threats and an attempted mob intrusion, which was granted.

In its recent petition, the school argued that Kerala Education Department officials acted beyond their jurisdiction by directing it to allow a deviation from the uniform code.

The management said that state education officers have no authority over the internal regulations of CBSE-affiliated schools, which fall under the purview of the central board.

The school also submitted that the Kerala government has not enacted any law permitting religious attire in schools, and that enforcing such permission would undermine the secular and inclusive ethos of educational institutions, Live Law reported.

Amid the row, the student has decided to leave St Rita's Public School, The Indian Express reported.

Her father said the school's stance had pained his daughter.

“The school principal said that my daughter wearing a hijab will create fear among others,” The Indian Express quoted the father as saying. “That stand has pained my daughter. I don't want to see the issue lead to a communal issue between Christians and Muslims.”

Principal Heleena Alby said the student could continue at the school if she followed its rules and regulations. “Many issues in this regard are before the court,” she told the newspaper. “Let the law take its own course.”

Kerala Education Minister V Sivankutty said the school must explain the circumstances behind the girl's decision to leave, The Indian Express reported.

Source: Scroll
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