Nose stud girl loses
2005-09-30 08:44
Durban - The Durban equality court has ruled that Durban Girls' High School pupil Sunali Pillay may not return to school wearing her nose stud when schools reopen next Wednesday as the stud has been found to be in violation of the school's code of conduct.
If she returns with the stud, she may face disciplinary action.
Giving her judgment in the matter between the school and Sunali's mother, Navi Pillay, magistrate C. Moolman said when the school asked Sunali to remove the stud, it did not discriminate or unfairly discriminate against her but followed the correct procedures and was acting within the framework of its authority.
Dispute over religious and cultural beliefs
Pillay took the school to court alleging discrimination against Sunali's religious and cultural beliefs. An interim court order preventing the school from subjecting Sunali to disciplinary action was issued in July.
Pillay accused the school of being rigid and prejudicial when they announced their intention to summon Sunali to a tribunal. She said earlier that Sunali's small gold stud would be replaced with a diamond stud after her 16th birthday, according to Hindu culture.
The principal of Westville Hindu School, Dr Bisraam Rambilass, testified that the wearing of nose studs by young girls is part of the Hindu culture but not a strict religious requirement for Hindus. Rambilass said unlike ear piercing, which is practised to ward off illness in children, nose piercing is part of the adornment of young girls to signify their maturity and readiness to marry.
Pupils must observe all school rules
However, a Durban Hindu priest who preferred not to be named said it is a religious requirement for Hindu women to wear nose studs as a sign of their identity in India. He said all Hindu goddesses wore nose studs.
Moolman said Pillay contradicted herself when she failed to consult with the school before the insertion of the stud. Pillay earlier said it is important for parents and their children's schools to communicate. The magistrate found that parents have a duty to support the school and encourage their children to observe all school rules.
Pillay, who has been conducting her own defence, said she understands that the matter is of public's interest but said she will not speak about her next move. She has 14 days to appeal the judgment.