The Kerala High Court has granted police protection to a CBSE-affiliated school in Ernakulam district following protests against the school's refusal to allow a Muslim student to wear a hijab. [St. Rita's Public School v. Director General of Police Kerala & Ors.]

Justice N Nagaresh passed the order granting police protection to the school after the matter was mentioned urgently on Monday, October 13.

The petition moved by the management of St. Rita's Public School stated that while it is managed by a Christian establishment, it has funcitoned in an entirely secular manner since its inception in 1998.

The petition further stated that as per clauses 30 to 33 of the school diary, every student and guardian, at the time of admission, execute a written declaration expressly agreeing to comply with the school's uniform policy.

However, last week, a Muslim student started wearing a hijab to school, which according to the school is a violation of its uniform policy.

The school management sought a written explanation from the guardians of the student. However, on October 10, the student's guardians accompanies by over six persons, forcefully entered the school premises, manhandling security personnel in the process, the petition stated. Another group of persons assembled outside the school gates and started raising slogans in protest.

"The said mob activity occurred precisely when Pre-KG students were arriving at the school, resulting in panic and emotional distress among the small children, many of whom began crying. The entire incident disrupted the normal functioning of the institution, endangered the safety of students and staff, and gravely disturbed the peace and public order in the locality," the petition stated.

Although the school principal approached the concerned police station to register a crime against the alleged trespassers, the police allegedly did not provide any protection. This prompted the school management to move the High Court seeking its intervention.

Citing the Kerala High Court's decision in Fathima Thasneem & Anr. v. State of Kerala & Ors., the school management argued that the rights of a student cannot override the larger interest, discipline, and uniform regulations of an educational institution.

The petitioner also alleged that the guardians of the student in question have since been contacting the guardians of other Muslim students and asking them to join the protests. The same compelled the school to declare holidays on October 13 and 14.

The matter will be taken up next on November 10 until which time the High Court order granting police protection will be in effect. The Court also issued notice by speed post to the guardians of the student in question.

St. Rita's Public School was represented by advocates Bimala Baby, Magi Pavithran, Roshan Shaji, Remya Thomas and Jasmine Ligy.