Kerala govt backs right to wear hijab in schools

The Kerala government on Friday told the High Court that preventing a Muslim girl from wearing a headscarf (hijab) to school amounted to an invasion of her privacy and dignity, as well as a denial of her right to secular education. The government emphasised that the student's freedom to wear a hijab “does not stop at the school gate”.

The stance was detailed in an affidavit submitted in response to a petition filed by the church-run St Rita’s Public School in Palluruthy. The institution had challenged a General Education Department directive asking it to allow the student to attend classes while wearing a hijab. The school also questioned a department notice alleging “serious malfunctioning” in the institution.

During the hearing, the counsel representing the student informed the court that her parents had decided to withdraw her from the school and enrol her elsewhere. Recording this submission, the High Court observed that the issues raised need not be adjudicated further.

Justice V G Arun welcomed the development, remarking that “better sense has prevailed” and that fraternity, a guiding principle of the Constitution, “remains strong”. The court subsequently closed the writ petition.

St Rita’s had argued that the Education Department's directive lacked jurisdiction, as it is a minority, unaided CBSE-affiliated school and therefore beyond the department’s control. The institution maintained that state education officials cannot conduct inquiries or issue such notices against it.

Countering this, the state government argued that the General Education Department retains sufficient functional, financial and administrative oversight over CBSE-affiliated schools in Kerala. Citing government orders and Affiliation Bye Laws, the affidavit stated that officials are empowered to inspect such institutions and issue necessary advisories.

With the child now moving to a different school, the legal dispute has come to an end, though the larger debate surrounding hijab in educational spaces continues in the public sphere.