A Class 9 Kerala student is fighting for hijab with her student cadet uniform

“I have dreamt of becoming a police officer since my childhood,” wrote Riza Nahan, a Class 9 student in Kerala, in a letter to Chief Minister Pinarayi Vijayan. She also wrote that she has always been interested in the law-enforcing responsibility that comes with wearing a police uniform. Riza, who was selected for the student police cadet programme at her school, wants to wear a headscarf with her uniform — but her request has been rejected by the school and the Kerala High Court. One of the reasons cited is that the police in the state is a secular force, and no one is allowed any religious symbols. “The action by the concerned officials has shattered my dreams and aspirations,” Riza added in her letter to the CM after her plea was rejected by the High Court. The Kerala government, too, has rejected her request.

While the case was being heard by the High Court, Riza’s family alleged that they received a phone call from the state’s crime branch police, asking them who ‘manipulated them’ to file the case. “They asked which organisation provided legal aid to us and who accompanied us to the lawyer. We replied that no one helped us. ‘Is Jamaat-e-Islami instigating you? Are you Popular Front of India members?’ they repeatedly asked,” Riza’s aunt Sameera Ahmed told TNM.

Even as a heated debate over allowing hijab with uniforms is raging in neighbouring Karnataka, with rampant Islamophobia on display by leaders and media, Riza’s case in Kerala has brought up several questions around secularism and uniformity. Should religious markers be allowed for law enforcement officers and for those participating in programmes conducted by them? Is the ‘no religion’ diktat strictly followed by the Kerala police, who run the student police programme in the state? And if not, should a Muslim teenager be singled out for wanting to both be a police cadet and wanting to wear the hijab?

A shattered dream

Riza Nahan studies at the government higher secondary school in Kuttiady in Kozhikode district. Growing up in the Middle East, Riza was inspired by hijab-clad female police officers there and wished to be one when she grew up. She was excited when she got onto the list of 44 students who were selected for the student police cadet (SPC) programme at her school. As her school was closed due to the COVID-19 lockdown, she appeared for the written exam and the physical test online. After the successful completion of the interview, Riza got her uniform: khaki pants and shirt, a black belt, black shoes, khaki socks, a blue beret cap, and a badge, in March 2021, when she was in Class 8.

As instructed by the teacher-in-charge, Riza joined the SPC WhatsApp group and uploaded her photo wearing the cadet uniform — along with a black-coloured headscarf and a full-sleeve black undershirt.

The teacher allegedly responded harshly and told Riza that headscarves will not be permitted with the uniform. “As our child was looking forward to joining the SPC, we tried contacting the teacher-in-charge,” said Sameera, “We requested her to permit her to wear the headscarf with the uniform. My sister told the teacher that in many Gulf countries including Qatar, women police officers wear headscarves.”

“This is not an Islamic state, this is India,” the teacher allegedly replied, according to Sameera. This reporter contacted the teachers in-charge, Shijila Devi and Sajeevan, for their comments. Neither of them gave their response, stating that the issue is for the government to decide.

As the concerned officers asked Riza to not attend any future programmes of the SPC with a headscarf, her family filed a petition at the Kerala High court. According to the petitioner, wearing a headscarf and covering her body with full-sleeve clothes is an integral part of her religious beliefs, and objecting to it is a violation of Article 25(1) of the Constitution, which allows a citizen to freely profess, practice and propagate religion; and Article 14, which provides equal protection under law for all citizens. 

‘No compulsion to join the programme’

Advocate Ameen Hassan, who is representing Riza in court, told TNM, “Our defence talks about the inclusive nature of secularism adopted in the Indian context. The dress code in conformity with religious injunctions is allowed worldwide in schools and professional institutes. Recently, the US Airforce has allowed headscarves and turbans with the force’s uniform. There are relaxations given to Sikh community members in military forces and police departments to wear turbans with untrimmed hair.” The petition also cited the Amnah Bint Basheer vs CBSE judgment of 2016, which said that the right of Muslim women to wear hijab is an essential part of their religion.

However, Kerala High Court Justice PV Kunhikrishnan, on September 20, 2021, passed the order that the SPC is not part of the curriculum in the school, and there is no compulsion for the petitioner to join the programme. “If the petitioner is not ready to follow the uniform code, she need not join,” the court said while asking the petitioner to approach the state’s Home Department to narrate her grievance, within two weeks from the date of judgment. The court instructed the government to pass an appropriate order within two months from the date of representation.

Request rejected by Kerala govt

Riza then approached the Home Department, which, in an order dated January 21, 2022, denied her request. “The youth development initiative…aims to create a society which respects and strongly believes in rule of law, to create a generation which places the nation above all differences to become a constructive platform between police and students and act as a feeder organisation for Kerala Police,” the order noted. “In Kerala Police, all police personnel wear the same uniform and no religious symbols are permitted in the uniform. The same system is being followed for Student Police Cadets also,” it added.

Rejecting Riza’s request, the government said, “If such a waiver is considered in the Student Police Cadet project, similar demands will be made on other similar forces, which will significantly affect the secularism of the state. Therefore, it is not appropriate to give any indication such that the religious symbols are highlighted in the uniform under the Student Police Cadet project.”

Following the submission of Riza Nahan’s representation, an online hearing was conducted by the joint secretary, Ministry of Home Affairs, on December 10, 2021, in the presence of the additional state nodal officer and superintendent of police (excise & vigilance) of the SPC. During the hearing, Riza argued that it was an injustice to deny her the right to wear a hijab as it does not infringe on the discipline of the student police cadet or the right of others. She further requested the concerned authorities to change the existing dress code of the SPC. However, the officials replied that the training methods and uniform of the SPC complies with the Kerala Police and no religious symbols were permitted in the police uniform. A government order, issued on January 21 2022, stated that Article 19(2) of the Indian Constitution allows the State to impose reasonable restrictions on Article 25.

"Permitting religious symbols with the student police uniform would affect the secular nature of the police force. We have not received any other complaints asking to permit headscarves. I have nothing specific to comment on the issue. We abide by the government rules,” DySP Ashwakumar, SPC nodal officer of the Kozhikode rural district said. 

‘Secular’ police force?

Critics, however, questioned the claim that the Kerala police force does not allow religious symbols. "The rule which says no kind of religious symbols are permitted with the police force, student police cadets and NCC cadets are understandable. But in Kerala, certain religious symbols and rituals are being practised by officers. Recently, we have read about NCC cadets chanting 'Swamiye Sharanam Ayyappa’ during the parade. No strict actions were taken against them. In Thiruvananthapuram, police officers performed 'ponkala' inside the station premises. There are incidents in which 'Vaahan pooja' was conducted for newly bought police vehicles. During Sabarimala season, many police officers wear black shawls with the uniform," said social activist and lawyer Bindu Ammini.

"This is sheer hypocrisy. If the people belonging to the majority religion are allowed to use religious symbols, the minority should be allowed too,” she added.

So, if the ‘secular’ nature of the police is not hindered by doing pooja for new vehicles or performing ponkala, why is there such staunch opposition to the hijab alone, critics have asked.

“This is so absurd. The state is of the view that you can be part of certain co-curricular activities only if you are ready to sacrifice your religious practices. It's time that the government thinks of inclusive secularism,” lawyer Ameen Hassan said.

Following the case, many people uploaded videos and social media posts against Riza, her family alleged. “Most of the posts are Islamophobic in nature. They branded Riza Nahan as an extremist girl and a tool of ‘Kerala Talibanis’ to disrupt the state’s communal harmony. A YouTube channel even branded our town as the hotbed of Islamic terrorism,” Sameera added.

‘Extremely discriminatory and undesirable decision'

Apart from the legal fight, Riza Nahan’s family approached the Opposition MLAs to raise the question at the state’s Legislative Assembly. Indian Union Muslim League (IUML) MLA Najeeb Kanthapuram tried raising the question at the state Assembly on October 2021. But the Speaker accepted it as a non-starred question. The reply for a non-starred question is given in written form instead of an oral reply. Unlike starred questions, no supplementary question can be asked to the concerned minister.

“The reply stated that no kind of religious symbols can be permitted with the student police cadet as it will affect the secularism of the force,” said MLA Najeeb Kanthapuram. “It is undemocratic that a person who considers wearing a hijab as an integral part of her belief is not able to be part of the educational institution’s co-curricular activities. Being the champions of liberal democracy and secularism, the Left government is supposed to safeguard the fundamental right of a person to uphold her religious identity. This issue exposes the hypocrisy of the ruling CPM government,” he added.

Calling the Kerala government's decision as 'extremely discriminatory and an undesirable decision', feminist historian J Devika said, “In a country where one community has brute majority, minority representation in law and order enforcement force is absolutely necessary. It would be substantial and comforting to the minority population. This judgment is a bad decision in the Kerala context. We are living in a period where a large number of Muslim girls have entered public education in unprecedented numbers. So, to deny them this important exposure of being a police cadet is extremely discriminatory and an undesirable decision."

"Indian secularism definitely does not draw upon the French model in which all religious symbols in public institutions are banned. During the 1950s, there was a debate regarding the exact Malayalam word for secularism. Many people argued it cannot be mathetharathwam, which means keeping out all religion from public spaces. Instead, the suggestion was sarvadharmeeyam, which means tolerating all religions. The State acts only as a mediator between all these religions," she added.

According to a high school teacher associated with the student police cadet, who did not wish to be named, the dress code specified in the SPC module curtailed many Muslim girl students from joining the cadet. “Compared to SPC and NCC, there are many Muslim girl volunteers in National Service Scheme and Junior Red Cross. Both of these organisations permit headscarves. Many people had raised the complaint to allow headscarves with the SPC. But most of them got counseled by the nodal officers and the issue gets settled at the nodal level itself,” the teacher said.

It is important to note that many other countries allow hijab to be worn in the police force and have made it part of the uniform. In 2016, the commissioner of the Royal Canadian Mounted Police approved a uniform hijab, in an attempt to reflect the diversity of Canada and to encourage Muslim women to join the force, according to a Guardian report. The report further stated that even in the United Kingdom, Sweden, and Norway, as well as some US states, similar policies have been adopted. The Metropolitan Police in London approved a uniform hijab in 2006 with Police Scotland following in 2016.

In 2018, the New Zealand Police invited a Muslim police recruit, Zeena Ali to collaborate with a Wellington design team to develop a hijab for its uniform. She became the first officer to try it in November 2020. The New Zealand model police hijab was later tried by Leicestershire Police in England.

Inclusive judgment that champions diversity

In Kerala, the student police cadet was officially inaugurated on August 2, 2010, at the Tagore Centenary Hall in Kozhikode, by then Chief Minister VS Achuthanandan. Initially, the project began in 27 schools across Kerala, and now it runs across 800 government and government-aided schools in the state. At least 72,000 students are currently enrolled in the SPC’s training programme, under 1,300 trained teachers and 1,500 police officers, according to the SPC website.

"Forty-four students are selected from every batch of every school. The project was implemented at Kuttiady higher secondary school three years ago. Students are mainly selected based on their academic performance. There will be a written exam followed by a physical test. The final list is made after the completion of an interview,” said sub-inspector Muneer, officer-in-charge of SPC, Kuttiady GHSS.

Riza had gone through all this before being selected as a cadet. Alleging the Government Order as discriminatory, Riza Nahan’s mother Nasheeda SM said, “My daughter is interested and qualified to join the SPC even if it is not compulsory. I believe that the training at the SPC will nurture leadership qualities and will contribute to the personality development of my daughter. Asking her not to join the force is clear discrimination and a violation of her basic rights.”

“Dear Chief Minister, my duty towards my nation is as important as my religion in my life. I must be allowed to carry both of them together. I expect you to rectify any order from your government that causes hindrance to it," concluded the letter Riza Nahan wrote CM Pinarayi Vijayan. She is hoping for an inclusive judgment that champions diversity. 

Ashfaque EJ is an independent journalist.