Kerala school challenges govt order in hijab row; minister softens stance

The management of a church-run public school in Kochi has taken a stand against Kerala Education Minister V Sivankutty’s order that a Class-8 student be allowed to attend classes in a hijab.

The lawyer of St Rita’s Public School in Palluruthy, Advocate Vimala, stated that the minister had issued a notice to the school without properly understanding the facts.

School principal Sister Heleena Alby also maintained that all decisions regarding school uniforms fall under the management’s discretion, and cited court rulings supporting her position.

“Ours is a secular country. Everyone is equal here. Under a standard rule, it cannot be mandated that students belonging to a particular religion must wear a particular attire,” she told reporters on Wednesday (October 15) morning.

School questions minister’s stance in hijab row

The lawyer also reiterated that the decision regarding what the school uniform should be is to be made by the school management. “The minister should reconsider his stance. In the era of gender-neutral uniforms, such trivial matters should not attract the attention of the education department,” she added.

On Tuesday (October 14), the school management and the girl’s parents amicably resolved the issue. Subsequently, the child’s father held a press conference, stating that he was not interested in withdrawing her from the school and wished for her to continue studying there. He clearly stated that he would not allow her name to be used to incite communalism.

Also Read: Kerala hijab row takes U-turn; govt directs school to allow student in headscarf

However, the school management said it received a notice and order at 9.15 am on Wednesday. The school authorities earlier learnt about the order from the education department through the minister’s Facebook post, the lawyer said.

False allegations

The school said the minister’s statement that the child had been expelled from the school was completely false. The child has studied in the school for several years. Visuals are available showing her attending school wearing a hijab and participating in the school’s Arts Day. The school has never treated her disrespectfully or caused her distress, the school management said.

Notably, the school had declared a two-day holiday from Monday following an escalation of the hijab dispute. The school reopened on Wednesday, but the said student was absent due to “health reasons”.

Citing the judgments of the Kerala High Court and the Karnataka High Court, the school alleged that the education department took a stance without reviewing the CCTV footage and that the findings in the administrative order contradicted the facts.

Also Read: Kerala hijab row resolved amicably; student to attend school

Uniform code meant to ensure equality

The management explained that strict adherence to the uniform code aims to foster equality, secularism, and unity among students. They said the education department, which promotes gender-neutral uniforms, should not focus on such minor issues.

Documents clearly outline the school’s uniform code, and written declarations have been obtained from all parents regarding the code of conduct, the management said. Additionally, there are visuals of other Muslim parents who came forward to complain about the difficulties they faced in being compelled to send their children to school wearing a hijab.

Although the notice includes a remark stating that a child wearing a hijab should be allowed to continue studying in the school, whether to comply with this direction from the education department is a matter for the school management. If they believe the administrative order is illegal or arbitrary, the authority to decide lies with the court, they said.

Therefore, the school management may choose to approach the court to challenge the order and establish its position in the matter. This is a service-oriented school where children of various religions study, they argued.

Also Read: Hijab row forces Kerala school to declare two-day holiday

Minister softens stance

On Wednesday morning, too, Sivankutty, while speaking to reporters in Thiruvananthapuram, reaffirmed the student’s right to wear a hijab, saying, “The student can attend classes wearing a hijab until she and her parents decide otherwise.”

He emphasised that students’ rights are guaranteed by the Constitution as well as by educational laws in the country and the state. Citing a departmental inquiry report on the matter, he criticised the school management, saying its actions amounted to “violation” of the rights guaranteed by the Constitution.

However, after the school strongly stood its ground, he softened his stance, saying that resolving the issue through mutual understanding would be preferable. “It is learnt that a consensus was reached during the mediations initiated by some people’s representatives. In that case, let the matter be settled by them,” Sivankutty reportedly said.

The minister had previously said that the government would not permit any elements to create social discord within schools or in Kerala at large.

(With agency inputs)