In Kerala, a clash over school uniform policy has once again placed the hijab at the heart of discussions about education, personal rights, and institutional independence. The state government recently informed the Kerala High Court that preventing a Muslim girl from wearing her headscarf (hijab) to school constitutes an infringement on her privacy and dignity, and a denial of her right to a secular education.
The government’s submitted affidavit, in response to a petition from St. Rita’s Public School in Palluruthy, Kochi, asserted that a student’s right to wear the headscarf extends beyond the school gates, arguing that school uniformity cannot override fundamental constitutional liberties.
From Classroom Rule to Courtroom Argument
This legal battle originated when the church-managed St. Rita’s Public School challenged a directive from the General Education Department, which mandated allowing the student to wear her hijab. The school, a minority institution affiliated with the Central Board of Secondary Education (CBSE), argued the directive was “illegal” and outside the department’s purview.
However, the Kerala government countered in its affidavit, maintaining that the Education Department possesses “sufficient functional, financial and administrative control” over CBSE-affiliated schools in specific matters, citing established Affiliation Bye-Laws and relevant government orders.
During the court hearing, the student’s parents informed the court that they had already withdrawn her from St. Rita’s and enrolled her elsewhere. Acknowledging this development, Justice V. G. Arun opted not to delve deeper into the contentious issues, remarking that “better sense has prevailed” and the principle of “fraternity,” a cornerstone of the Constitution, remained intact.
The State’s Stand: Rights and Reconciliation
Earlier this month, Kerala’s Education Minister, V. Sivankutty, directly addressed the controversy, stating that the school’s actions were “unconstitutional” and that “a child’s rights cannot be denied.”
He issued a clear instruction to the school to devise an appropriate headscarf that could be integrated with the existing uniform, proposing a practical solution. The minister also warned that if schools failed to comply, the government would take decisive action.
Sivankutty further urged against allowing such disagreements to escalate into communal flashpoints, advocating for amicable resolutions at the institutional level. He emphasized, “The government’s stand is clear. We will proceed strictly in accordance with the rights enshrined in the Constitution and relevant court rulings.”
A Wider Pattern: India’s Evolving Uniform Debate
The incident at St. Rita’s is merely the latest in a series of hijab-related controversies that have emerged across India. These disputes consistently highlight the struggle schools and colleges face in balancing institutional rules with the individual’s freedom of religious expression. From Kerala and Karnataka to Jharkhand and Uttar Pradesh, institutions are grappling with a fundamental question: How far can a uniform policy extend without infringing upon religious freedom?
Recent instances include allegations in Chatra, Jharkhand, where ten students claimed a principal forcibly removed their hijabs (a claim later found to be unsubstantiated). In Meerut, Uttar Pradesh, an investigation was launched after a student from Khalsa Girls Inter College reported being barred from wearing a hijab.
Similarly, in Bijnor, Uttar Pradesh, students were sent home for not following scarf color guidelines, and an assistant professor in Karnataka faced accusations of forcing students to wear hijabs during a field trip. Each case has unfolded uniquely, some resolved through dialogue, others through confrontation, but collectively, they point to a lack of a unified policy framework.
Uniformity, Autonomy, and the Constitutional Line
Hijab disputes in Indian classrooms are no longer isolated incidents. They represent an ongoing national conversation regarding the tension between institutional dress codes and constitutional religious freedom. While schools strive to foster unity and equality through uniform policies, the government remains obligated to protect personal choice without sacrificing order.
India’s federal structure further complicates matters, as different states implement distinct rules and school managements interpret these regulations through their own cultural and administrative lenses. This often results in localized solutions rather than a coherent national approach.
The fundamental administrative question, however, persists: Can a uniform policy truly be absolute?
Kerala’s case strongly suggests that the ultimate solution may lie not in judicial verdicts alone, but in careful and inclusive policymaking that respects both institutional needs and individual rights. Failure to do so risks perpetuating a cycle of reactive disputes and transforming educational spaces into reflections of broader ideological divisions.