Court orders Oshwal Academy to allow Muslim students to pray in school
The High Court has ordered Oshwal Academy to allow Muslim students to perform afternoon prayers within its compound.
The High Court has ordered Oshwal Academy to allow Muslim students to perform afternoon (Dhuhr) prayers within its compound.
Justice James Wakiaga concluded that a policy introduced by the school in January 2019 over alleged security concerns violated the right of Muslim learners to religion, education and the right not to be discriminated against, and placed them at a disadvantage among the other learners.
The management of the school defended the rules, arguing it sought to encourage integration and cohesion among learners to promote equality. Oshwal Academy added that the aim of the guidelines was to disallow any manifestation of any religion and that it was acceptable to a majority of parents and opposed by a few.
But the judge said while the right to religion under Article 32 of the Constitution is not absolute, any limitation must be in accordance with the supreme law.
“A declaration is hereby issued that the decision of the Oshwal Academy limited to inhibit or disallow performance of (dhuhr) afternoon prayers by Muslim learners in the school indirectly discriminated against them on the basis of their religion,” he said.
The case was filed by a former parent of the school who sought to protect the fundamental rights to education and freedom of free exercise of religion by Muslim students through obligatory prayers as required under the Islamic faith.
Mr Mohamed Khan said he filed the petition on behalf of Muslim learners, challenging the school's decision to ban them from praying within the school compound.
He said the issue was first raised at a parents’ forum in May 2018 but the school declined to allow the request by Muslim parents for learners to pray anywhere within the school.
The petitioners state that the school also introduced Terms for Continuity of Students that contained conditions before accepting a child at the school. The terms gave the school the sole discretion to terminate or decline re-enrolment if it concluded that a parent or guardian interfered with the school’s accomplishment as a faith-based learning-oriented institution.
Mr Khan said that as part of the school routine in the assemblies and orientation, Jain prayers are performed, a classic example of double standards.
He further submitted that prior to the Westgate terror attack in September 2013, the school allowed its Muslim learners to walk to the nearby Parklands Mosque for Friday prayers over the lunch break.
On other days of the week, parents would pick their children for lunch and return them by 2pm. But after the attack, the practice was stopped for security reasons.
The school, which has been in existence since 1950, said it was founded on the Jain faith of which parents are made aware upon enrolment.
And despite the said foundation, no religious subject is taught in the school, but the students are expected to recite the school prayer during the morning hours and save for the school prayer and vegetarian food, no preferential treatment is given to any religion.
The school explained that that decision was necessitated by security concerns following the Westgate attack.
The management admitted the claims but said the complainants represented a small fraction of the school population.
The judge said the rules were unconstitutional to the extent that they violate the rights and freedoms of the Muslim students.
