NEW ZEALAND, July 18, 2005: A girl who took her school to court for refusing to allow her to wear a nose stud has won. She claims her cultural identity was discriminated against. On Friday, the mother of 15-year-old Sunali Pillay, a Grade 11 pupil at Durban Girls’ High, secured an interim order staying a school disciplinary inquiry planned for this week which could have resulted in her suspension or expulsion. The order, granted by Durban Equality Court magistrate C Moolman, also restrained KwaZulu Natal Education MEC Ina Cronje, school principal Ann Martin and the school governing body from intimidating, demeaning, humiliating or discriminating against the girl. The disciplinary tribunal, scheduled for Thursday, was stayed until the outcome of the case. The respondents have until July 27 to oppose the order being made final. Had the matter gone to trial, the outcome would have set a precedent for how schools should tackle such issues.
Sunali’s woes began last September when she pierced her nose with a small gold stud. Her mother, Navi Pillay, said nose-piercing was a 400-year-old Hindu tradition and was time-honoured in their family. In an affidavit before the court, Pillay said the school had declared the nose stud to be a violation of its uniform code and had ordered her daughter to remove it. “The school is refusing to acknowledge her right to pursue the cultural and traditional values of her heritage.” Pillay said an official from the KwaZulu Natal Education Department had said Sunali should attend a Hindu school if she wanted to wear a nose stud. She said other pupils wore nose rings, belly button rings and tongue rings, and had tattoos, but no action had been taken. School principal Martin said yesterday she had not yet been served with the court order but would abide by it. “I feel I have exercised tolerance in this regard and that the school is sensitive to the issues enshrined in the constitution.”