Prohibiting Muslim girl from wearing hijab violates fundamental rights, says Kerala govt to HC

In an affidavit filed in response to a petition by the church-run Saint Rita Public School in Palluruthy, the Kerala government told the High Court that refusing to allow a Muslim girl to wear a hijab in school would amount to an attack on her privacy and dignity. Moreover, it would be equivalent to denying her the right to receive secular education.

The government clarified that the girl’s right to wear a hijab, a right she enjoys both at home and in public does not end at the school gate.

The school had challenged the directive issued by the General Education Department that allowed the Muslim girl to attend classes wearing a hijab. The institution had also contested a departmental notice highlighting serious administrative irregularities.

However, during the hearing on Friday, the lawyer representing the girl informed the court that her parents had decided to withdraw her from the school and enroll her in another educational institution.

Taking the parents’ decision into account, the court observed that there was no need to go into the contentious issues. The high court also noted the state government counsel’s submission that, in view of the parents’ stand, the department did not wish to pursue the matter further.

Justice V G Arun remarked, “This Court is pleased to see that wisdom has prevailed and that the spirit of brotherhood, one of the core principles of our great Constitution, remains strong.” The high court subsequently disposed of the writ petition.