What is the Kerala HC's stance on the hijab issue in Kochi?
Click to start listening
Synopsis
The Kerala High Court's recent directive regarding a hijab-wearing Muslim student at St. Rita’s Public School raises significant questions about religious attire in educational institutions. This case highlights the tension between institutional policies and individual rights. What implications could this have for similar cases across the country?
Key Takeaways
- Kochi court ruling highlights the tension between individual rights and school policies.
- The Kerala government has not enacted specific laws regarding religious attire.
- Previous court rulings emphasize institutional discipline over personal expression in schools.
- The case could set a significant precedent for similar future disputes.
- Community reactions reflect deep divisions on this sensitive issue.
Kochi, Oct 17 (NationPress) The Kerala High Court has instructed the state attorney to gather instructions concerning a directive from the Deputy Director of Education (DDE), Ernakulam, which mandates that St. Rita’s Public School, a Christian management institution affiliated with the CBSE, permit a Muslim girl student to attend classes wearing a headscarf.
A bench led by Justice V.G. Arun has asked the state to offer guidance on this issue while denying an interim stay.
The school’s legal counsel sought a stay, but the judge emphasized that “no coercive steps can be taken because it is a CBSE school”.
“You know nothing could be done. I am not passing an interim order for the sake of passing one. Let the State Attorney get instructions,” noted Justice Arun.
Previously, the school had approached the High Court for police protection for its management, staff, and students due to alleged threats and a mob disturbance linked to its uniform policy.
This request was granted.
In the current writ petition, the school argues that the Kerala government has not enacted any law permitting religious attire in educational institutions and that enforcing such permission would jeopardize the secular and inclusive ethos of schools.
The management contends that the DDE and other Kerala Education Department officials overstepped their authority by directing the school to relax its dress code, as St. Rita’s is an unaided minority institution associated with the CBSE.
The petition further claims that state education officials lack jurisdiction over the internal policies of CBSE schools, which operate under the Central Board of Secondary Education.
It references the 2018 Kerala High Court judgment in Fathima Thasneem & Another v. State of Kerala, which affirmed that individual rights cannot supersede institutional discipline regarding uniforms.
The school seeks to annul the DDE’s notice, declare that state authorities do not have jurisdiction over CBSE-affiliated schools, and secure an interim injunction preventing any coercive actions against the institution.
The High Court is anticipated to continue hearing the case following the State's instructions.
The Class 8 girl has refrained from attending school since the controversy erupted last week. Her parents announced on Friday that they will not send her back, while the Principal has publicly stated that they would welcome her return.
Point of View
I emphasize that this case reflects a broader national discourse on the balance between individual rights and institutional regulations. The Kerala High Court's decision could set a precedent that impacts educational policies across the country, reinforcing the need for a nuanced approach to diversity and inclusion in our schools.
NationPress
19/10/2025
Frequently Asked Questions
What did the Kerala High Court rule regarding the hijab?
The Kerala High Court instructed the state attorney to gather instructions on a directive that allows a Muslim student to wear a hijab in a CBSE-affiliated school.
Why did St. Rita's Public School seek protection?
St. Rita’s Public School sought police protection due to threats and mob disturbances related to its uniform policy.
What is the school's stance on the hijab policy?
The school argues that the Kerala government has no legal basis for enforcing religious attire in schools, claiming it could undermine their secular ethos.
What precedent does the 2018 ruling set?
The 2018 Kerala High Court ruling emphasized that individual rights cannot override institutional discipline in uniform matters.
What is the expected outcome of this case?
The High Court will continue to hear the case after the state provides its instructions, potentially leading to significant rulings on similar issues.
