A five-year-old boy has been refused a place at a private Melton Christian school because his turban contravenes its uniform policy.
Sidhak was preparing to start prep this week at Melton Christian College – a school close to home, and where many of his friends and cousins go.
But Sidhak’s family say the school refused to enrol the young boy because his patka – a child’s version of the Sikh turban – was not compliant with the school uniform.
The family has lodged a complaint with the Victorian Equal Opportunity and Human Rights Commission and has taken Melton Christian College to the Victorian Civil Administrative Tribunal, with a final hearing scheduled for April.
The school council refused to amend its uniform policy to accommodate students wearing headgear on religious grounds, dad Sagardeep Singh told Star Weekly.
“I thought the school might reconsider their options because turbans are now accepted everywhere – in workplaces, the army, police services,” Mr Singh said.
“Why can’t a kid go to school wearing one?”
The Singhs arrived in Australia two years ago, settling in Melton South. Mr Singh said he knew he wanted to send his children to Melton Christian College following recommendations from friends and extended family.
“We’re not against the school … we think Melton Christian College is the best school in the area,” Mr Singh said.
“We just want them to consider to allow students from different backgrounds and religions to be able to attend and (express) their faith.
“They need to accommodate their uniform policy to reflect the diverse community.”
Uncut hair and turbans are requirements of the Sikh religion.
Victoria has strict anti-discrimination laws, including the Equal Opportunity Act and the Racial and Religious Tolerance Act, making direct and indirect discrimination illegal.
The law describes the latter as “an unreasonable requirement, condition or practice that may appear to treat people equally”, one that is “imposed in a particular situation and likely to disadvantage certain people”. But this requirement doesn’t apply to independent private and religious schools.
The Victorian Equal Opportunity and Human Rights Commission website says the Equal Opportunity Act includes an exception clause that allows schools to set and enforce “reasonable standards of dress, appearance and behaviour” for students.
“A standard is taken to be reasonable if the educational authority administering the school has taken into account the views of the school community in setting the standard,” the commission’s website states.
Star Weekly contacted the school seeking to know whether its community had been consulted. Principal David Gleeson said the case was before VCAT and wouldn’t comment.
