Thread by @manuvichar

#Thread on the South African Constitutional Court judgment allowing a Tamil Hindu girl to wear nose-stud in school as a cultural practice, which was cited by Sr Adv Kamat in #HijabBan case. Remarkable the manner in which SA court upheld minority rights & cultural diversity.

An interesting aspect from the South African judgment was that it did not go into whether wearing of the nose-stud was an essential or mandatory practice. What matters is if it is a "sincere belief".

Differentiating between mandatory and voluntary practice falls short of Constitutional project which promotes and celebrates diversity. We cannot celebrate diversity by permitting it only when no other option remains - what a beautiful exposition

The school argued that the infringement was not severe as she is asked to remove the nose ring only for a few hours at school. Court didn't agree saying it will send a symbolic message that she, her religion and her culture were not welcome and can infringe her identity.

Court said that the school should allow reasonable accommodation so as to ensure people who do not conform to certain social norms are not relegated to the margins.

The school argued that she is free to go to another school. Court said such an approach will marginalize minorities. "our constitution does not tolerate diversity as a necessary evil, but affirms it as one of the primary treasures of our nation"- what a beautiful exposition.

School argued that allowing nose-ring will lead to other claims and a "parade or horribles". Court said - "The display of religion & culture in public is not a parade of horribles but a pageant of diversity which will enrich our schools and in turn our country"- again, beautiful.

The South African Constitutional Court's judgement is a brilliant affirmation of the principles of tolerance and accomodation. The broad Constitutional vision expressed to uphold and celebrate cultural diversity is remarkable.

Perhaps, SA's ugly tryst with apartheid might have prompted the court to lean towards protecting cultural minorities and pluralism. The judgment is a must read. It can enrich & broaden your vision. The language is simple but beautiful. Humanity pulsates throughout the judgment.

The judgment can be read here :
saflii.org/za/cases/ZACC/…