Kerala High Court Rules on Hijab Rights: Government Defends Student's Religious Freedom in Schools

Kochi:

The Kerala government has informed the High Court that preventing a Muslim girl from wearing her hijab to school constitutes an "invasion" of her privacy and dignity, as well as a "denial of her right to secular education".

In its submission, the government emphasized that a girl's right to wear a headscarf in her home and outside "does not stop at the school gate".

These arguments were presented in an affidavit responding to a petition filed by St Rita's Public School at Palluruthy, which challenged the General Education Department's directive requiring the school to allow the Muslim student to attend classes wearing her religious headscarf.

The church-run school had also contested the department's notice that claimed there was "serious malfunctioning" at the institution.

When the case was heard on Friday, the student's legal representative informed the court that her parents had decided to withdraw her from the school and enroll her in a different institution.

Given this development, the court determined that the disputed issues need not be examined further.

The court also acknowledged the state government's lawyer's statement that, considering the parents' decision, the department would not pursue the matter any further.

"This court is happy to note that better sense has prevailed and 'fraternity', which is one of the foundational principles on which the edifice of our great Constitution is built, remains strong," Justice V G Arun stated as he closed the writ petition.

In its petition, the school had argued that the Education Department's notice instructing it to permit the girl to attend classes wearing the hijab was "illegal" and "without jurisdiction," claiming that state education officers' authority was limited regarding CBSE-affiliated schools.

The school maintained that as a minority institution operating without state government aid or funds and with CBSE affiliation, the Education Department lacked authority to investigate it or issue notices.

In response, the state government's affidavit cited various government orders, asserting that the General Education Department possesses "sufficient functional, financial and administrative control over the CBSE-affiliated schools, at least in matters specifically permitted by and empowered by the Affiliation Bye Laws".

"It is also crystal clear that the officers of the Education Department, going by the provisions of the Affiliation Bye Laws as well as the guidelines for issuance of NOC for CBSE affiliation, have been vested with the power to inspect the school and issue advisories to it," the government stated in its affidavit.