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This is an archive article published on January 8, 2010

Student’s braid cut: cops unsure of law

The Saki Naka police may take legal opinion before proceeding with investigations into the incident at a Saki Naka school where a principal cut off a student’s braid.

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The Saki Naka police may take legal opinion before proceeding with investigations into the incident at a Saki Naka school where a principal cut off a student’s braid. The reason,investigators said,is that they are unclear about how the law should prevail in such a case.

Father Frank Fernandez,Principal St Jude’s High School,had cut off the braid of class VIII student Parvesh Dubey on grounds that it was against school’s discipline. Parvesh had grown his hair for religious reasons,his father had said.

A police official from the Saki Naka police said on condition of anonymity,“Fernandez showed us the manual of the school containing the rules and regulations. It was clearly mentioned that the student has to adhere to all rules pertaining to uniform and personal appearance. Fernandez told us that he had warned the student and his parents about the tuft of hair on a couple of occasions. It is very necessary to know the legal position before proceeding further.”

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Fernandez has been charged with committing a deliberate act intended to outrage religious feelings but has not been arrested yet.

When asked about the legal position in cases where enforcement of school discipline leads to such incidents,Police Commissioner D Sivanandan said,“I cannot comment upon the position at this stage as enquiries are being conducted in this case. Once the enquiry reaches a conclusion further action would be taken.”

Lawyer Majeed Memon said,“The argument in this case would be that whether the rules of the educational institution violate the constitutional rights of the student. If it is found that the rules do not violate the student’s rights,then the principal would not be guilty of anything. However,in this case,if it is found that he provoked communal feelings he might be found guilty.”

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