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RIGHTS
GROUP TO INITIATE LEGAL ACTION ON KADA ISSUE
By Prasun Sonwalkar, London, November 14, 2007 (IANS)
Prominent
London-based human rights organisation Liberty - headed by Shami
Chakrabarti - is mounting a legal challenge against a school in
Wales for excluding a Sikh student for wearing a kada, a symbol
of Sikhism. Sarika Singh, 14, has been excluded from the Aberdare
Girls School on the ground that wearing the kada violates its code
of conduct.
Liberty
has announced that it will initiate legal action for punishing and
excluding Sarika, who was reportedly isolated from her class for
two months because of her insistence on wearing the kada. Pupils
in the school are only allowed to wear a wristwatch and one pair
of plain metal stud earrings. She was also banned from the school's
physical education classes since May, despite her offer to remove
or cover the bangle during PE sessions.
Liberty
said it would argue that the governing body of Aberdare School had
violated the Race Relations Act 1976, the Equality Act 2006 and
the Human Rights Act 1998. It said that the Law Lords had determined
that Sikh children could wear items representing their faith, including
a turban, to school.
Anna
Fairclough, Liberty's legal officer representing the Singhs, said:
"The governing body of the school has ignored established race
and equality protections and shamefully turned a young woman into
a pariah by isolating her. Legal precedents established 25 years
ago make clear that she should be allowed to wear the kada without
being intimidated by the school."
Sarika,
of mixed Welsh-Punjabi origin, has been brought up in the Sikh faith
and is the only Sikh at the school. She became a devout Sikh during
a visit to Amritsar in 2005. Her mother, Sanita Singh, has strongly
protested against the school's actions. Sanita said after Sarika
was again excluded from the school on Tuesday: "We feel very
strongly that Sarika has a right to manifest her religion. She is
not asking for anything big and flashy, she is not making a big
fuss."
Head
teacher Rosser said: "We have a strict and clear code of conduct
that has been in place for many years. A copy is given to all girls
before they are even a pupil at the school and is also issued at
the start of every new term in September.
"We
use this established code of conduct to ensure equality between
all pupils. The code clearly states the only two forms of jewellery
that girls are allowed to wear in school are a wristwatch and one
pair of plain metal stud earrings."
Wayne
Lee, a spokesperson for the Valleys Race Equality Council that is
supporting Sarika, said: "Sarika is very upset and wants to
go back to school. She is a good student and she wants to see her
friends like any other 14-year-old."
A spokesperson
for the Welsh Assembly said rules on uniform were a matter for schools'
governing bodies, but issues such as equality and health and safety
should be considered. He added: "Whether a school uniform policy
breaches the Race Relations Act 1976 is a matter for the courts."
In
October 2006, Liberty was involved in the religious freedom cases
of Aisah Azmi, who was suspended by the Headfield Church of England
Junior School in Dewsbury, West Yorkshire, for wearing the full
Muslim veil, or niqab, while working as a teaching assistant, and
of Nadia Eweida, a Christian British Airways check-in worker, who
claimed she was forced to take unpaid leave after refusing to remove
a small cross from her necklace.
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