A Sikh family from Melbourne has approached the Victorian Civil and Administrative Tribunal (VCAT) after a school allegedly refused to enrol their son because his turban doesn’t align with the school’s uniform policy.
A school in Melbourne’s western rural–urban fringe that refused entry to a Sikh student because he was wearing a turban has maintained its position on its current uniform policy.
Melbourne’s Melton Christian College (MCC) has provided a written response to the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) in which the school refused to include any additional items amid the existing permitted uniform protocol.
The Sikh family of a 5-year-old boy claims that the institute’s uniform protocol inflicts indirect discrimination against their religious belief.
In an interview with SBS Punjabi, the boy’s father Sagardeep Singh Arora alleges that MCC has discriminated against his son by placing uniform conditions on his enrolment.
“It is disappointing that my son has been forced to abandon his religious practices and identity to access to an education of his choice,” Arora tells SBS.
“We lodged a claim with the Victorian Equal Opportunity and Human Rights Commission (VEOHRC).”
Arora explains, “In the claim, we mentioned that according to the sections 9 and 38 of the Equal Opportunity Act direct and indirect discrimination on the basis of a person’s religious belief is illegal.”
“While there is exception in section 42 of the Equal Opportunity Act that permits schools to ‘set and enforce reasonable standards of dress, appearance and behaviour for students,’ our claim is that this exception does not apply – because the school’s uniform protocol is not reasonable.”
“For a standard to be reasonable it should not permit unjustifiable discrimination.”
As to why the family chose to enrol the boy in a Christian school, Arora says, “my son wants to join his friends and cousins who are already studying there. This school is very close to our residence.”
“Moreover, it is very hard for me to explain him why he can’t be part of this school.”
Arora also argues that it’s not actually students of different religious backgrounds which the Christian school prohibits, which he argues makes the inflexibility uniform policy hypocritical.”On a general note, it doesn’t look good for a school to admit students of different religions for their revenues but not allowing them to practice their beliefs,” he says.
Arora says that while he understands and respects uniform policies in general, he says that in this case the school is being unreasonable.
“I believe having a common school uniform is important in promoting school identity and integration,” says Arora. “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. It’s immoral for a school to not allow students to practice their beliefs.
