Kerala's hijab dispute and the debate on religious freedom

The controversy over the Islamic veil at St. Rita's Public School in Palluruthy continues: the student has finally left the school. The family: ‘Great psychological distress’. The Catholic newspaper Deepika defended the management's position on the dress code. Minister Sivankutty: ‘Kerala supports secular values. No institution violates constitutional rights’.

Kochi (AsiaNews) - The controversy began after St. Rita's Public School in Palluruthy, run by the Latin Catholic Church, refused to allow a student to wear the hijab. In the days that followed, referring to Muslim organisations, an editorial in the Catholic daily Deepika said: ‘Those who asked for prayer rooms in Christian schools have now come forward to claim the right to wear the hijab.’ This has led to harsh criticism, a sign of the interreligious tension that the affair is causing in Kerala.

The student at the centre of the hijab controversy in Kerala has finally decided to leave school. Her father says that the school's uncompromising stance ‘hurt her’, causing her serious psychological distress. the parents thank the government for supporting the right of female students to wear the hijab.

The conflicting statements between the institutions and the school culminated in a stalemate in which the institution reiterated its strict uniform policy, without retraction.

Quoting the president of the Parents-Teachers Association (PTA), who accused members of the Indian Social Democratic Party (ISDP) of the Thrippunithura constituency of causing unrest in the school, the editorial added: "Those who seek to create unrest in other institutions in the name of the hijab, using children, must be punished. Otherwise, there will be no need to thoroughly investigate the causes of Islamophobia.‘

Supporting the school's management, the official newspaper of the Catholic Church in Kerala also stated: ’Let the management decide on the uniform in all schools, including those attached to churches. Those who are not interested can attend schools that allow religious practices."

Meanwhile, on 14 October, Kerala's Education Minister Vasudevan Sivankutty issued an order requiring St Rita's Public School to allow the student to wear the veil in accordance with her religious faith.

Although the minister had previously stated that ‘nothing that conceals the school uniform is allowed,’ he clarified that the government intervened because no one has the right to deny a student the right to education - in accordance with the religious freedom guaranteed by the Indian Constitution - citing an investigation that found serious shortcomings on the part of the school authorities.

However, the school principal, Sr. Heleena, refuted the report drafted by the Deputy Director of Education (DDE), stating: "The investigation was conducted by the assistant school officer, who spoke with the management, the student and her parents.

The DDE office report is not truthful. We have all the evidence. As the matter is before the court, we will leave it as it is.‘ She also cited a 2018 Kerala High Court order affirming the right of private schools to decide on their own uniforms. ’According to the court order, the administration can prescribe the uniform. So, we will follow the rules and regulations of the institution in this matter," said the headmaster.

In 2018, two girls from Christ Nagar Senior Secondary School in Thiruvananthapuram approached the Kerala High Court seeking permission to wear the hijab and a long-sleeved uniform after the school rejected their request. The court dismissed the appeal, ruling that the school had the authority to decide its own dress code.

The court also noted that the students could continue to attend the same school or obtain a transfer certificate to attend another institution. Sivankutty's decision therefore marks a sharp reversal from his previous position. On 13 October, he upheld the school's right to enforce its dress code, but the following day, the Department of Education issued an order requiring the school to allow the student to wear the veil in accordance with her faith.

Sivankutty added: ‘In a state like Kerala, which upholds secular values, no student should face such an ordeal. No educational institution will be allowed to violate constitutional rights. The government will continue to monitor this issue.’