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Principal of Indian Origin wins legal battle on school prayer prohibition

Following the decision, Ms. Birbalsingh released a statement hailing the “victory for all schools” and the “robust yet respectful secularism” tenets that underpin the operation of the school she created in 2014.

NRI Affairs News Desk by NRI Affairs News Desk
April 19, 2024
in News
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Principal of Indian Origin wins legal battle on school prayer prohibition

source: nriaffairs

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London: A Muslim student attempted to legally dispute the Indian-origin school principal’s prohibition on prayer practices, which she referred to as “Britain’s strictest headmistress.” On Tuesday, the principal applauded a UK High Court verdict that upheld her restriction.

In line with its mission to foster an “inclusive environment,” Michaela School, a “secular” secondary school for boys and girls in Wembley, north London, does not permit religious prayers, as Katherine Birbalsingh, an Indo-Guyanese woman, said before the court.

Although Muslims make nearly half of the student body, there is also a sizable Sikh, Hindu, and Christian student body

The school does not offer a prayer space for students to use, as the governing body is aware, for a variety of reasons. A prayer room would create division among students, which is against the school’s ethos, Ms. Birbalsingh told the court. There would also be a shortage of space and staff to watch over the students, and they would miss out on crucial school activities, like lunch breaks, if they spent time in a prayer room.

By allowing prayer, unacceptable division or segregation—contrary to the school’s entire mission—was occurring. A climate of intimidation was taking shape. The ethos and tremendous success of  the school are founded on our tough disciplinary policies, which were in danger of being compromised,” she stated.

After a hearing in January, Justice Thomas Linden found in favour of the school in an 80-page ruling

The opening line of the statement is, “In my opinion, the school was correct to adopt the stance that the question was whether to allow and facilitate ritual prayer indoors—essentially, to rescind its long-standing policy of not providing a prayer room.”

“She (the anonymous student) was aware that the school is secular, and she had her mother’s approval to go because of its reputation for strictness as proof. It states, “Her evidence has mostly focused on her desires and how she believes the situation might be elsewhere.

In a statement following the ruling, Birbalsingh said it was a “victory for all schools” and of the “robust yet respectful secularism” principles on which the school she founded in 2014 is run.

“A school should be free to do what is right for the pupils it serves. The court’s decision is, therefore, a victory for all schools. Schools should not be forced by one child and her mother to change its approach simply because they have decided they don’t like something at the school,” she said.

In a statement following the ruling, Ms Birbalsingh said it was a “victory for all schools” and of the “robust yet respectful secularism” principles on which the school she founded in 2014 is run.

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“As the Governing Body is aware, the School does not provide a prayer room for use by pupils, for various reasons. These reasons include that a prayer room would foster division amongst pupils, contrary to the School’s ethos, lack of available space and available staff to supervise pupils and that pupils would miss important School activities, including during the lunch break if they were to spend time in a prayer room,” Ms Birbalsingh told the court.

“Unacceptable segregation or division, contrary to the whole ethos of the school, was taking place as a result of permitting prayer. An intimidatory atmosphere was developing. Our strict disciplinary policies, on which the ethos and great success of the School is based, were at risk of being undermined,” she said.

Justice Thomas Linden, in an 80-page judgement following a hearing in January, ruled in the school’s favour

“In my judgement, the starting point is that the School was right to take the view that the issue was whether to permit and facilitate ritual prayer indoors: in effect, to reverse its longstanding policy of not providing a prayer room,” it reads.

“She (the unnamed pupil) knew that the School is secular, and her own evidence is that her mother wished her to go there because it was known to be strict… Her evidence has focussed on her preferences and what she supposes the position would be elsewhere,” it notes.

In a statement following the ruling, Birbalsingh said it was a “victory for all schools” and of the “robust yet respectful secularism” principles on which the school she founded in 2014 is run.

“A school should be free to do what is right for the pupils it serves. The court’s decision is, therefore, a victory for all schools. Schools should not be forced by one child and her mother to change its approach simply because they have decided they don’t like something at the school,” she said.

The headteacher received the backing of the UK government, with Education Secretary Gillian Keegan taking to social media to state: “I have always been clear that headteachers are best placed to make decisions in their school. Michaela is an outstanding school, and I hope this judgement gives all school leaders the confidence to make the right decisions for their pupils.”

The High Court in London found that the prayer ritual ban was lawful under Article 9 of the European Convention on Human Rights (ECHR) and Section 19 of the Equality Act 2010. The Muslim pupil, who cannot be named for legal reasons, had argued that the school’s ban “uniquely” affected her faith due to its ritualised nature. She has since said that while she lost, she felt she did the right thing and now wants to focus on her studies.

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NRI Affairs News Desk

NRI Affairs News Desk

NRI Affairs News Desk

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