/ 19 July 2005

Durban teenager fights school over nose stud

A Durban schoolgirl has approached the Equality Court to fight possible disciplinary action for wearing a nose stud, the Natal Mercury website reported on Tuesday.

It said the grade-11 pupil at Durban Girls’ High School claimed she was being unfairly discriminated against because of her cultural identity.

The mother of 15-year-old Sunali Pillay secured an interim court order to prevent the immediate disciplinary action against her daughter.

She claimed nose-piercing was an established Hindu tradition. The school had intended holding an inquiry this week that could have resulted in Sunali’s suspension or expulsion.

The order was granted by Durban Equality Court magistrate C Moolman.

It also restrained KwaZulu-Natal Education Minister Ina Cronje, school principal Ann Martin and the school governing body from discriminating against the schoolgirl.

The disciplinary tribunal, scheduled for Thursday, was put on hold pending the outcome of the Equality Court case.

The minister and the school have until July 27 to oppose the order being made final.

Sunali’s woes began in 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, a holistic healer, said the school had declared the stud a violation of its uniform code and had ordered her daughter to remove it.

”This was in spite of numerous verbal and written explanations and appeals to the school and the minister,” she said.

”The school is refusing to acknowledge her right to pursue the cultural and traditional values of her Hindu/Indian heritage.”

Pillay said an official from the provincial education department had said that Sunali should attend a Hindu school if she wanted to wear a nose stud. – Sapa