SC FIXES MATTER TO BETAKEN UP ON MAY 13

BY S.S. SELVANAYAGAM

The Supreme Court yesterday (29) listed to be taken up on May 13 the fundamental rights petition on the right to wear Muslim cultural attire by a student in school.

The Bench comprising Justices Chandra Ekanayake, Eva Wanasundera and B.P. Aluwihare fixed the matter for May 13 sequent to the issue being raised by the Counsel for the Respondent principal.

Counsel for the Principal, Vice Principal and the Grade 7 class teacher of Nawala Janadhipathi Balika Vidyalaya Manohara de Silva PC, at the onset told court that he wanted to challenge the correctness of the previous Supreme Court judgment in which the Supreme Court held that Muslim students were entitled to wear their cultural attire to school instead of the stipulated school uniform.

The petitioner, Fathima Hishana (11), in her petition filed through his father, M.H. Shahul Mohamed, complained that she had been prevented from attending school attired in their cultural attire, “Punjabi dress”. She had cited Nawala Janadhipathi Balika Vidyalaya Principal Thakshila Nayana Perera, its Vice Principal Ms Hemamali and Grade 7C class teacher Mrs Natotunna as well as the Provincial Director of Education, Education Ministry Secretary, Western Province Governor Alavi Moulana and

Manohara de Silva PC, at the onset told court that he wanted to challenge the correctness of the previous Supreme Court judgment in which the Supreme Court held that Muslim students were entitled to wear their cultural attire to school instead of the stipulated school uniform

the Attorney General as Respondents.

Hejaaz Hisbullah with Nadun Wijesiriwardane, Hunais Farook and Hafeel Farisz instructed by Niluka Dissanayake appeared for the Petitioner.

Senior State Counsel Yuresha de Silva appeared for the Provincial Director of Education and the Attorney General.

The Petitioner stated that the national policy of t he Government had been to recognise the rights of minority groups and to foster a culture of understanding and tolerance.

This is captured in the oft cited phrase ‘unity in diversity’ which has formed the bedrock of all national policy in this area.

Petitioner was seeking a declaration from the Court that her fundamental rights to freedom of religion, freedom from torture, right to equality, freedom from discrimination, freedom of speech and expression, freedom to manifest her religion and freedom to promote her own culture have been infringed.