Kerala Government Defends Hijab as a Right to Secular Education

Thiruvananthapuram / Kochi, October 29, 2025, SKY LINK TIMES

In a strong assertion of constitutional rights, the Kerala government has told the High Court that denying a Muslim girl permission to wear her hijab (headscarf) to school amounts to an “invasion” of privacy and dignity — and a “denial of her right to secular education.”

The affidavit was filed in response to a petition from St. Rita’s Public School, a church-run CBSE institution in Palluruthy, Kochi, which had challenged a directive to permit the student to wear her hijab in class.

The state government emphasized that “a student’s right to wear the headscarf does not stop at the school gate,” insisting that institutional uniformity cannot override the fundamental freedoms guaranteed by the Constitution.


Kerala Government Defends Hijab as a Right to Secular Education
Kerala Government Defends Hijab as a Right to Secular Education

The Case That Sparked a Constitutional Debate

The controversy began when St. Rita’s Public School objected to the Education Department’s order allowing the student to wear her hijab. The school argued that the directive infringed upon its minority rights and internal regulations.

In its defense, the government cited affiliation rules that give it limited administrative control even over CBSE-affiliated institutions. The matter reached the Kerala High Court, where the student’s parents informed the court that she had withdrawn from the school and joined another.

Justice V.G. Arun noted that “better sense has prevailed,” expressing relief that the issue had been resolved amicably while reaffirming the constitutional principle of fraternity.


State’s Stand: Balancing Rights and Discipline

Kerala’s Education Minister, V. Sivankutty, condemned the school’s initial refusal as “unconstitutional,” emphasizing that “a child’s rights cannot be denied.”
He directed the school to redesign its uniform to include a modest headscarf, ensuring inclusivity while maintaining discipline.

The minister also warned schools against turning uniform-related disputes into communal flashpoints. “The government’s stand is clear — the rights enshrined in the Constitution must prevail, and we will act accordingly,” he said.


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Hijab and the Uniform Debate Across India

The Kerala case is the latest in a string of hijab-related controversies seen in Indian educational institutions.
From Karnataka and Jharkhand to Uttar Pradesh and Kerala, the recurring tension between institutional discipline and individual freedom highlights the absence of a uniform national policy on dress codes in schools.

In 2025 alone, multiple incidents were reported — including claims of forced hijab removal in Jharkhand and denial of entry to hijab-wearing students in Uttar Pradesh. Some were resolved peacefully, while others escalated into larger social debates.


Beyond the Classroom: The Constitutional Balance

Legal experts say the hijab debate underscores a larger question — how India can maintain equality in education while respecting religious and cultural diversity.

Kerala’s case demonstrates that reconciliation is possible when policy, empathy, and constitutional principles align. Rather than relying on prolonged litigation, the state has attempted to find a middle path — where uniformity coexists with freedom of choice.

As one education official put it: “Uniforms can symbolize equality — but not at the cost of liberty.”


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