Kerala Minister softens stance on Hijab dispute, school defends uniform policy

Thiruvananthapuram/Kochi | Kerala General Education Minister V Sivankutty on Wednesday softened his stance on a dispute over a class eight student's right to wear hijab at a Church-run public school in Kochi, saying the matter was best settled through consensus at the school level.

"If there is already a consensus on the issue, let it end there," the minister said, even as the school management defended its authority to ensure equality among students in terms of uniforms.

The management of St Rita's public school in Palluruthy here had declared a two-day holiday from Monday following an escalation of a dispute with the parents of the student over her wearing the 'hijab'.

The school reopened this morning, but the student whose parents insisted on her wearing the religious headscarf was absent due to health reasons, school sources said.

Speaking to reporters in Thiruvananthapuram in the morning, Sivankutty 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 management strongly defended its stand, the Education Minister addressed the media again, moderating his position.

He pointed to media reports that the school management and the parents have already reached a consensus on the matter.

"If there is a consensus at the school level, let it end there. But no one has the right to deny a student's right to education," Sivankutty said.

Citing the department's report, the school's alleged action of making the student stand outside the classroom for wearing a hijab was a violation of the rules.

"Certain groups are creating communal divisions in society over the matter. The government's stand is to proceed in accordance with constitutional norms and court orders in this regard," the minister said.

Sivankutty further said it had been learnt that the parents of the student had withdrawn their earlier demand for her to wear the hijab during school hours, and therefore the issue no longer existed.

"But no one has the right to deny a student her education -- that is the government's stand," he added.

Earlier in the day, school principal Sister Heleena Alby 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.

Noting that the school would continue to follow its rules, the principal further said that the girl remained enrolled in the school and has not been expelled.

The legal adviser to the school management also termed the remarks earlier made by the Education Minister about the school were "absolutely incorrect." She said the Education Department had prepared its report without properly studying the matter, adding that the issue had been amicably settled and the girl's parents had already told the media that they wished their daughter to continue at the school.

"So, the school has decided to follow the rule of the land -- the law of the court," the lawyer added.

The matter came to light after a letter issued by Sister Heleena Alby on the issue surfaced on social media.

In the letter, the principal stated that, due to pressure from a student who came without the prescribed uniform, her parents, certain individuals not associated with the school, and a few students and staff members had requested leave, citing mental stress.

On Tuesday, Minister Sivankutty intervened, directing the school to allow the Muslim girl to continue her education while wearing her religious headscarf.

He also sought a report from the school authorities for allegedly denying her religious rights earlier, which, he said, had caused her mental distress.