Hindu Schoolgirl Wins Right to Wear Nose Stud

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Durban, SOUTH AFRICA (July 20, 2005): A girl who took her school to

court for refusing to allow her to wear a nose stud has won.

 

She claims her cultural identity was discriminated against.

 

On Friday, the mother of 15-year-old Sunali Pillay, a Grade 11 pupil

at Durban Girls' High, secured an interim order staying a school

disciplinary inquiry planned for this week which could have resulted

in her suspension or expulsion.

 

The order, granted by Durban Equality Court magistrate C Moolman,

also restrained KwaZulu-Natal Education MEC Ina Cronjé, school

principal Ann Martin and the school governing body from

intimidating, demeaning, humiliating or discriminating against the

girl.

 

The disciplinary tribunal, scheduled for Thursday, was stayed until

the outcome of the case. The respondents have until July 27 to

oppose the order being made final.

 

Had the matter gone to trial, the outcome would have set a precedent

for how schools should tackle such issues.

 

Sunali's woes began last September when she pierced her nose with a

small gold stud.

 

Her mother, Navi Pillay, said nose-piercing was a 400-year-old Hindu

tradition and was time-honoured in their family.

 

In an affidavit before the court, Pillay said the school had

declared the nose stud to be a violation of its uniform code and had

ordered her daughter to remove it.

 

"The school is refusing to acknowledge her right to pursue the

cultural and traditional values of her heritage."

 

Pillay said an official from the KwaZulu-Natal education department

had said Sunali should attend a Hindu school if she wanted to wear a

nose stud.

 

She said other pupils wore nose rings, belly button rings and tongue

rings, and had tattoos, but no action had been taken.

 

The school principal said on Monday she had not yet been served with

the court order but would abide by it.

 

"I feel I have exercised tolerance in this regard and that the

school is sensitive to the issues enshrined in the constitution."

 

 

BACKGROUND:

 

Nose-ring girl takes school to court

July 19, 2005

 

By Tania Broughton

 

In an affidavit before the court, Navi Pillay, a holistic healer,

said the school had declared it to be a violation of its uniform

code and had ordered her daughter to remove it.

 

"This was in spite of numerous appeals to the school and the

minister," she said. "The school is refusing to acknowledge her

right to pursue the cultural and traditional values of her

Hindu/Indian heritage."

 

Pillay said an official from the provincial education department

said Sunali should attend a Hindu school if she wanted a nose stud.

 

"Sunali's nose ring is extremely small and can barely be seen. It

does not hinder the education system, the smooth running of the

school or Sunali's performance," she said. The province had failed

to adequately address the issue, she said.

 

"My daughter has been consistently embarrassed and harassed. The

ongoing struggle has been traumatic for both of us."

 

SOURCE: IOL, South Africa. By Tania Broughton. July 19 2005 at

08:07AM

URL: http://www.iol.co.za/index.php?

set_id=1&click_id=15&art_id=vn20050719062034455C124208