Hijab, other religious symbols could affect secular nature of Student Police Cadet; cannot be part of uniform: Kerala govt

The Kerala government has issued an order clarifying that hijab or anything which highlights religious symbols cannot be allowed as part of the uniform of Student Police Cadet (SPC) project..The order said that the SPC is a voluntary co-curricular activity and not a mandatory or compulsory education programme and it envisages a dress code so that students can work towards gender justice, non-racial and non-religious discrimination among children.Hence, combining religious matters with uniforms would question the discipline and secular survival of the forces, the government order said.It further stated that if such a waiver is considered in the SPC project, similar demands will be made with respect to other similar forces, which will significantly affect the secularism of the State."Combining religious matters with uniforms in the present situation would raise the same demands in other similarly functioning forces, which would question the discipline and secular survival of the forces," the order said.The order came pursuant to a direction of the Kerala High Court to decide the representation of an 8th standard student, Riza Nahan, who had moved the High Court seeking permission to wear full sleeve dress and scarf to cover her head, in conformity with her religious practice. The Court had by way of a judgment dated September 20, 2021 had asked the girl to make a representation to the Home Secretary of the State narrating her grievance. Pursuant to the same, she wrote to the Home Department of the State highlighting the issue. A hearing was conducted online on December 10, 2021, which was attended via video conference by the petitioner, her mother and the Additional State Nodal Officer and Superintendent of Police (Excise & Vigilance) of the Student Police Cadet Project..The petitioner informed the government during the hearing that she was selected as a Student Police Cadet of the school on the basis of her academic performance. She further informed that she was told by the faculty in-charge of the SPC programme that she would not be allowed to wear hijab on top of the uniform.She said that according to her belief, it is a religious obligation to wear a hijab and full-sleeve dress and it is also her fundamental right. She further argued that it is a denial of justice to refuse her from wearing the same in a manner that does not infringe on the discipline of the Student Police Cadet project or the rights of others.In view of the above, she requested issuance of an order to change the existing dress code and to declare that usage of head covering scarf (hijab) and full sleeves as an essential religious practice, taking into consideration Article 25 (1) of the Constitution..The government noted that the SPC programme was started to train high school students to evolve as future leaders of a democratic society by inculcating in them respect for the law, discipline, civic sense, empathy for vulnerable sections of society and resistance to social evils..Further, a letter by the State Police Chief was also highlighted by the government as per which the SPC programme aims to create a society which respects and strongly believes in rule of law, to create a generation which places the nation above all differences, to become a constructive platform between police and students and act as a feeder organisation for the Kerala Police."In Kerala Police, all police personnel are wearing same uniform and no religious symbols are permitted in the uniform. The same system is being followed for Student Police Cadet also. It is also informed that in NCC or Scouts and Guides also no religious dress code is allowed," the order noted.Pertinently, the Additional State Nodal Officer and Superintendent of Police (Excise & Vigilance) of the SPC Project, informed during the hearing that about 50 percent of the cadets who have completed the training as per SPC project are girls and although the SPC Directorate does not keep track of children on the basis of religion, it is estimated that about 10 to 12 per cent of children in the project belong to the Muslim community and no one has ever raised such a demand with respect to uniform. .In view of the above facts, the government decided that the demand of the petitioner student cannot be allowed."The government, after careful examination of the above facts, is fully satisfied that the demand of the complainant is not considerable. Also, if such a waiver is considered in the Student Police Cadet project, similar demands will be made on other similar forces, which will significantly affect the secularism of the state. Therefore, it is not appropriate to give any indication such that the religious symbols are highlighted in the uniform under the Student Police Cadet project," the order said while dismissing the student's representation..[Read Order]