February
26, 2008 Sikh Student Denied
School Admission Because of Turban By Neena Bhandari
Sydney
In a landmark case that may have far-reaching consequences for Sikhs
in Australia, a family has challenged a Brisbane private school's
decision not to enrol their son because his turban would breach the
school's uniform code.
The 12-year-old boy's family has complained to the Anti
Discrimination Commission Queensland (ADCQ) alleging Ormiston
College discriminated against their son and his religion in imposing
a requirement for enrolment that the boy should cut his hair and not
wear a 'patka' (turban).
"The complaint is the college discriminated against the child by
placing conditions on his enrolment that he was unable to comply
with because of his religion. This case has the capacity to set a
precedent that will have far-reaching consequences," the family's
solicitor Scott McDougall of Caxton Legal Centre told IANS.
The family cannot be named for legal reasons and has been restrained
under suppression orders to talk to the media while the case is
pending with the ADCQ.
"This case is the first case of its kind in Queensland and perhaps
Australia. It is before the Anti Discrimination Tribunal and will be
heard later this year, but no date has been fixed yet," ADCQ
Commissioner Susan Booth told IANS.
Ormiston College headmaster Brett Webster is standing by his
decision on enforcing a strict uniform policy in his school.
He told Australian Broadcasting Corporation Brisbane Tuesday: "We're
certainly not asking the family or the boy to turn their back on
their religion. I mean it's a given that people have different
beliefs and it's a given we should respect those beliefs.
"But the question is should the school, should every organisation,
change its standard policies every time somebody comes along with a
different set of beliefs?"
Most public and government institutions have their own policies on
attire. For example, Queensland Police Service allows officers to
wear turbans.
Taran Preet Singh, a surgeon based in Newcastle, who migrated to
Australia in 2002 from Patiala, said: "The principal's decision is
totally wrong and shows his ignorance of people's rights and
religions in this multicultural society."
The case has led to a wide-ranging debate, with those arguing in
favour of the school saying the parents knew the rules of the school
before enrolment, so if they chose to enrol the child in a
particular school they chose to obey the rules.
Those for the Sikh boy's right to wear a turban say rules should be
reasonable and perhaps schools need a re-think on why some of the
rules are in place and if they really are appropriate for the global
village we live in today.
In a letter to the editor, an alumnus of Ormiston College who
graduated in 2000 writes: "This is absolutely ridiculous. A student
who I went to school with (class of 1999) wore a turban and this was
widely accepted by the school community. Apparently in eight years,
with a change of headmaster, the school has taken a major step
backwards in its policy. Let the kid wear his turban!"
The boy is currently attending another private school where he has
been allowed to wear the turban.
Harleen Kaur who migrated to Australia 21 years ago from Chandigarh
and has always lived in New South Wales said: "My husband and son
have not kept the tradition of wearing a turban, but I feel people's
rights and beliefs should be respected."
According to the 2006 census conducted by the Australian Bureau of
Statistics, there were 26,429 Sikhs in Australia with the largest
number of 11,637 residing in New South Wales followed by 9,071 in
Victoria, 2,636 in Queensland, 1,393 in Western Australia and 1,226
in South Australia.
Meanwhile, a local anti-discrimination lawyer has told the media
that Ormiston College could be breaking Queensland's
anti-discrimination laws.
John Sneddon of Shand Taylor Lawyers said: "If a school introduces a
uniform policy which cannot be adhered to by students of a
particular religion, it is arguable that the school is
discriminating against those students and is in breach of
Queensland's Anti-Discrimination Act."
Recently, Sikh Interfaith Council of Victoria in its submission to
the Education and Training Parliamentary Committee's 'Inquiry into
Dress Codes and School Uniforms in Victorian Schools' had stated:
"We believe having a common school uniform is important in promoting
school identity and integration. However it is also important to
recognise that there is no hindrance to the practice of various
cultures and faiths. Students should be able to wear their
significant religious symbols and articles of faith."
Boloji.com is owned and managed by Boloji Media Inc Privacy Policy |
Disclaimer
No part of this Internet site may
be reproduced without prior written permission of the copyright holder.
