The Kerala government told the High Court that stopping a Muslim girl from wearing her hijab at school amounts to an “invasion” of her privacy and dignity, and also a “denial of her right to secular education.”
The Kerala government informed the High Court on Friday that preventing a Muslim girl from wearing her headscarf (hijab) at school constitutes an “invasion” of her privacy and dignity, as well as a “denial of her right to secular education.”
The government argued that the “girl’s right to wear a headscarf both at home and in public does not stop at the school gate.”
This statement was made in an affidavit responding to a plea from St. Rita’s Public School, a church-run institution in Palluruthy, which challenged the directive from the General Education Department allowing the Muslim girl to attend classes in her religious headscarf.
The school also contested the department’s notice, which indicated “serious malfunctioning” at the institution.
During the proceedings on Friday, the lawyer representing the girl mentioned that her parents had decided to withdraw her from the school and enroll her in another institution. Given this information, the court decided not to delve into the contentious issues.
The court acknowledged the state government’s lawyer’s statement that, considering the parents’ position, the department will not pursue the matter further.
Justice V G Arun remarked, concluding the writ petition,
“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,”
The school had argued that the Education Department’s directive requiring it to allow the girl to wear the hijab was “illegal” and “without jurisdiction,” asserting that the powers of state education officers are limited regarding CBSE-affiliated schools.
The school claimed that being a minority institution operating independently of state funding and affiliated with CBSE, the Education Department lacked the authority to conduct an inquiry or issue a notice against it.
In its affidavit, the state government referenced various government orders, asserting that the General Education Department holds “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.”
The government further clarified that the officers of the Education Department, in accordance with the provisions of the Affiliation Bye Laws and the guidelines for issuing NOCs for CBSE affiliation, possess the authority to inspect the school and issue advisories.
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