LAKMAL SOORIYAGODA 
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SC grants leave to proceed with schoolgirl’s petition over Punjabi dress ban
Colombo, Nov. 4 (Daily Mirror) - The Supreme Court today granted leave to proceed with a Fundamental Rights petition filed by a schoolgirl challenging the decision of her school administration to prohibit her wearing the Punjabi dress to school.
A three-judge bench comprising Justices Janak de Silva, Menaka Wijesundera and Sampath Wijeratne granted leave to proceed under Articles 12(1) and 14(1)(e) of the Constitution, which guarantee the right to equality and freedom to manifest one’s religion, respectively. The matter was fixed for argument on June 8.
The petitioner, Fathima Hashana, had filed the petition in 2014 through her father and next friend, Shahul Hameed, while she was a Grade 7 student. She alleged that the actions of the school authorities of Janadhipathi Balika Vidyalaya (JBV), Nawala, violated her Fundamental Rights guaranteed under the Constitution.
President’s Counsel Viran Corea, appearing for the petitioner, submitted that the respondents had infringed his client’s Constitutional rights by preventing her from wearing the Punjabi dress, a cultural and religious attire permitted under the Ministry of Education circular.
President’s Counsel Manohara de Silva, appearing for the school principal and the class teacher, contended that the petitioner was relying on a fabricated document purported to be a 1980 circular regarding school dress codes.
However, the Attorney General informed the court that the dress code circular had subsequently been formalised through a Ministerial directive.
Counsel Sanjaya Marambe, appearing for the Provincial Secretary of Education, submitted that even under the European Convention on Human Rights, restrictions on religious attire in schools are recognised as a means to promote equality and neutrality among children.
In her petition, Hashana stated that the prescribed uniform for girls at JBV is a short-sleeved frock falling to the knees, with a red badge worn at the hip and a white cloth belt. She maintained that the Ministry of Education Circular No. 37/95 dated December 12, 1980, permitted female Muslim students to attend school in their cultural attire.
She further said that on March 3, 2014, she attended school wearing the Punjabi dress as permitted by the circular. Upon entering class, her class teacher admonished her and instructed her to remove the attire. The teacher then escorted her to the principal’s office, where she was again directed to remove her cultural dress.
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