The Kerala government has asserted in court that not allowing Muslim girls to wear the hijab in schools is a "denial of secular education". This argument is central to an ongoing legal debate concerning a student's right to wear a headscarf in a Christian-managed, CBSE-affiliated school in Ernakulam.
The controversy began when St. Rita's Public School, a Christian minority institution, denied a Class 8 student permission to wear a hijab with her school uniform. The school cited its dress code and argued that allowing religious attire would undermine the secular and inclusive ethos of the institution. This led to protests and a directive from the Deputy Director of Education (DDE) of Ernakulam, instructing the school to allow the student to attend classes wearing a headscarf.
St. Rita's subsequently filed a plea in the Kerala High Court, challenging the DDE's notice and arguing that state education officers lacked authority over the internal regulations of CBSE-affiliated schools. The school sought a declaration that state authorities had no jurisdiction over CBSE schools and an interim injunction restraining coercive action against the school. They maintained that no law in Kerala permits religious attire in schools.
In response, the Kerala government submitted an affidavit defending the right of Muslim girls to wear hijabs, asserting that it is a matter of privacy and dignity. The government argued that denying this right infringes upon their fundamental freedoms and constitutes a denial of secular education.
However, recent developments have shifted the landscape of the case. The parents of the student decided to withdraw her admission from St. Rita's Public School and enroll her in another institution that allows the hijab. The student's counsel confirmed her intention to withdraw from the school, and the state indicated it did not wish to escalate the matter.
On October 24, 2025, the Kerala High Court closed the petition filed by St. Rita's, stating that the contentious issues raised need not be examined further in light of the student's withdrawal. Justice V.G. Arun, while closing the plea, remarked, "This Court is happy to note that better sense has prevailed and ultimately, fraternity, which is one of the foundational principles on which the edifice of our Constitution is built, remains strong". He also noted that the student's decision to leave the school should not be interpreted as the management pushing her out.
Despite the case's closure, the underlying debate about religious freedom, secularism, and educational institutions remains relevant. The Kerala government's stance underscores its commitment to protecting individual rights and ensuring that education remains inclusive and secular. The school's argument highlights concerns about maintaining a uniform dress code and preserving the secular atmosphere of educational institutions.
