Melton Christian School, based in Melbourne, refused admission for Sidhak due to the child’s wearing of a turban. The school itself employs a uniform policy which strictly rules out ‘non-Christian head coverings’ for boys.
The five-year-old’s father, Sagardeep Singh Arora, was angered by such a prohibition and made the claim that the school was displaying ‘indirect discrimination’ by not allowing his son to wear his patka.
Following a court hearing which had occurred on Tuesday, Mr Arora won his legal battle against the school and Sidhak will hopefully be attending Melton Christian School next year.
The Victorian Civil and Administrative Tribunal coincided with Mr Arora’s claims that his son was being marginalised and disadvantaged by the school. Thus, the court conclusively gave the verdict that the uniform regulations of Melton Christian School was a breaching of the Equal Opportunity Act.
"It is not reasonable to accept enrolment applications from students from non-Christian faiths only on the condition that they do not look like they practice a non-Christian religion," said VCAT member, Julie Grainger.
Grainger also made the assertion that the school could have permitted Sidhak to wear his patka, just so long that the headwear is in compliance with the uniform colours.
Defending itself, Melton Christian School had made reference to an exemption in the Equal Opportunity Act, which permits schools to enforce suitable dress standards for the prospect of community cohesion.
It also said that having one universal dress code creates a ‘level-playing field’ for children and transmits the values of equality.
However, the Tribunal sighted these insights as weak and said that Melton Christian School’s uniform policy did not mirror the school’s community views.
The VCTA also reminded the school of the fact that it sustains an ‘open enrolment policy’ regardless of being a faith school. At the school, reportedly more than 50% of its community do not religiously identify as being Christian.
Trish Low, national leader of equal opportunity and training for Herbert Smith Freehills, said that Mr Arora’s court case would trigger schools to now reassess their uniform policies in order to ensure that they are held as lawful.
"It gives more guidance as to what they have to do to set reasonable dress codes," she said.
"The school community is broader than a principal and school council; it also comprises of parents, teachers and students."
Head teacher of Melton Christian School, David Gleeson, respected the outcome of the court case but stuck to his assertion that he had perceived of his school to be always acting lawfully.
"Our school takes seriously the protection, dignity, rights and safety of children, so we were, and are concerned that this case has involved a young child in public controversy," Gleeson said.
"Our current students come from a very wide range of cultural and religious backgrounds, and we are devoted to all our students, we are passionate about their education," he furthermore added.
A formal meeting is thus set to commence between the school and Sidhak’s parents as a way of moving forward from the situation.
In expressing his admiration towards the winning of his court case, Mr Arora said he and his family are ‘very happy’.
“We are very pleased that religious freedom... is alive in Victoria," the father of the five-year-old Sidhak said.
Sources – BBC News, Stuff, International Business Times
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