Frances Gibb, Legal Editor
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A Sikh teenager won a legal battle yesterday over her right to wear a bangle that she holds central to her faith.
Sarika Watkins-Singh, 14, had been excluded from school for breaking a “no jewellery” rule by wearing the bangle, known as the kara.
But the ruling by a judge in the High Court means that she can return to Aberdare Girls' School in South Wales in September wearing the kara, a slim steel bracelet.
Her lawyers told Mr Justice Silber that wearing the kara was “extremely important”, just as it is to Monty Panesar, the England spin bowler, who has been pictured wearing the bangle.
Yesterday the judge condemned the “seriously erroneous attitude” of the school, which had equated the wearing of the bangle to displaying the Welsh flag - ignoring its religious importance.
However, Martin Ward, deputy general secretary of the Association of School and College Leaders, said that he was disappointed.
“The school had offered the student reasonable alternatives to accommodate her religious beliefs, such as wearing the bangle, but not so that it was on display, and it is frustrating that the courts did not find this acceptable.”
The ruling appears to run contrary to recent rulings that give schools discretion on religious dress or items of jewellery. However, it is in line with a 25-year-old law lords ruling allowing Sikh children to wear faith items, such as turbans, to school.
Jack Rabinowitz, a lawyer and expert in education law, said: “We have had a House of Lords ruling in favour of a school that would not allow a girl to wear the full Muslim veil and also a ruling in which a girl lost her case against being banned from wearing a chastity ring.
“The House of Lords said that schools needed to have very clear guidelines but subject to that, there was no reason why they could not ban whatever they wanted to.” That ruling still stood, he added.
Mr Justice Silber made clear in a summary yesterday that the case was specific to its own facts and did not involve a wider issue of “whether the kara should be permitted to be worn in other schools”.
Sarika, from Cwmbach, near Aberdare, who is of mixed Welsh and Punjabi origin, was at first taught in isolation and was excluded eventually for refusing to remove the bangle, in defiance of the school's policy, which prohibits the wearing of any jewellery other than a wrist watch and plain ear studs.
The judge upheld her claim of indirect discrimination on grounds of race and religion and declared that the school had failed in its positive obligation to promote equality of opportunity and good race relations.
He said that there was “an enormous difference” between rulings allowing schools to ban the Muslim niqab (full veil) or jilbab (long coat-like garment) and the “unostentatious” and “very small” bangle.
After the judgment, Sarika's mother, Sinita, 38, said: “It is just such a relief.”
Sarika said: “I am overwhelmed by the outcome and it's marvellous to know that the long journey I've been on has finally come to an end.”
She added: “I just want to say that I am a proud Welsh and Punjabi Sikh girl.”
Anna Fairclough, legal officer of Liberty, who acted for the family, said: “This common-sense judgment makes clear you must have a very good reason before interfering with someone's religious freedom.
“Our great British traditions of religious tolerance and race equality have been rightly upheld today.”
After being permanently excluded last November, Sarika was enrolled at Mountain Ash Comprehensive School, where she was allowed to wear the kara. The judge said that the Aberdare school had offered to take Sarika back.
The judge said the school's governing body accepted that the way it conducted the appeal was unfair. He refused the school permission to appeal, although it can still seek permission from the Court of Appeal.
The kara is one of the five Ks of Sikhism, the others being the kesh (uncut hair), the kanga (wooden comb), the kaccha (specially designed shorts) and the kirpan (sword).
The governors and head teacher of the Aberdare school said they would take time to consider the judgment. “The decision to defend this action was taken after careful consideration by all concerned, and in good faith. It was not taken lightly. We regret that this action became at all necessary.”
If Sarika wished to return, she would be offered help and support to reintegrate her.
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i feel the child is a pawn in a fanatic game and Liberty is blind.
Importance has been placed by sikhs on their 5Ks and rightly so, but the judge in my view made a wrong ruling as the child is neither a baptised or religious sikh choosing to study in a school which has its rules in place.
Angeline , London,
Ironic that Libertys Legal Officer Anna Fairclough should be helping the march of religious fundamentalism in the UK.
Ian, Berwick, UK
The parents of the girl chose this school whose uniform policy was not secret. If schools have to bow to all the demands of parents, there can be no uniform at all. Independent schools just give the rules and expect pupils to conform. If you don't like wearing a boater don't pick Harrow.
George, Bolton, England
Laura what a strange comment! Pieced ears are not against Sikhism - you have been misinformed. Millions of Sikh women have pierced ears. You are probably looking at some rule made up by some little sect.
Gary S, Wolverhampton, UK
I am a sikh-non practising and i find it absolutely pathetic how people are using 'religious discrimination' for little things like the 'kara'. I used to wear one, i dont anymore, and no where in the religion it says that by not wearing it for a few hours, while at school, she'd be less of a sikh
Mr H, Sydney, Australia
If children have religious beliefs it is probable that these have been imposed on them by parents or their "community".
If given access to other beliefs , or none , and allowed a free reasoned choice how many kids would bother with such medieval rubbish?
This child is a pawn in an adult game.
Rob Green, Essex, England
Forget religon, discrimination, human rights etc. It is simple the Judge ruled that wearing a bangle is not a health and safety issue. He said that his own children wear expensive watches to school and if that is acceptable so can a simple bangle. Common Sense. That's all don't go too deep.
kareema, bielefeld, Germany.
What Sarika did was an act of faith. Sikhs have tolerated so much and yet we are still being discriminated against. I wore my kara all the way through school. PE wasn't as issue as i wore a wrist bandage over the top.Sarkia and other fellow Sikhs don't have a problem, its ignorant people who do.
Raj, London, UK
The Sikh's Kara is hardly imposing on the schools uniform. It is her personal affirmation of her faith, and easily concealed. Sikhs have previously fought Islamic tyrants intent on conversion and against imposition of this religion on Indians. We will always challenge any restriction of freedom.
Chan Dhillon, London,
The Sikhs have been allies of the British for hundreds of years.
They have acted honourably throughout that time aiding us in many wars.
Should not preference be given to those to which we owe debts, over those who have been, and in many cases still are, are our avowed enemies?
J D S, Cardiff, UK
Look into this further. The girl as a refusal to remobve her bangle was taught in isolation and eventually excluded from her school. Would someone who stole or bullied have had the same harsh treatment?
Dave, Newark, UK
A two tier system and as usual the indigenous Brits come last
John, Salford, England
I think our 'religeous tolerance' is being pushed a bit hard.
It is because people from Sikh and Muslim religions are insisting on carrying out practices in the UK that go against traditional British culture that there is so much racial and religeous unease here.
Francis, Birmingham, England
Why does she have to be different? A uniform is just that, same, across the board for all school children arcoss the land, in every country. As much as I admire strong religious beliefs in one so young having had so few years experience on this earth, why can't it wait 'til she 's home from school?
Helen Davis, Canvey Island, Essex
If you fair and respect all religions there should not be any problems. Problems are created by people who are unjust and prejudice against certain religions. That makes people even more interested in research about the religion that is unjustly tramped on.
fahima, Cape Town, South Africa
We have two belief systems here - the school's and the girl's. It is immoral for her "religious" beliefs to take priority over the school's non-religious beiiefs.
The girl has pierced ears which is against the Sikh religion. How can she, and her parents, reconcile her "important" bangle and that?
Laura Roberts, London, UK
So to be Christian or secular means you are second class to a muslim or a Seikh as their religious "needs" trump all? Very sad.
Ian, Tokyo, Japan