The legal case over whether a school has discriminated against a five-year-old boy for wearing a patka, is being called a 'test case' for Victoria's Civil and Administrative Tribunal.
Five-year-old Sidhak Singh Arora wears the youth version of a turban, which covers uncut hair, as part of his Sikh faith.
His father, Sagardeep, alleges it’s the reason Melbourne's multicultural Melton Christian College didn't accept Sidhak's enrolment.
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Sikh family fights for son to wear turban at Christian school
The three day hearing ended with the Tribunal reserving its judgment.
"Definitely we are feeling a bit relieved, because all this process is a very daunting task for us, as a family. We have prepared a lot for this, but still, it is a bit hectic,” Mr Singh Arora told SBS World News.
Victoria's Equal Opportunity and Human Rights Commission (VEOHRC) has intervened in the hearing.
Sarah Bendall, VEOHRC's head of legal and dispute resolutions, said it's a case of "indirect discrimination."
"Melton Christian College allows children of different faiths to attend the school, but does not allow, under its school uniform policy, the right for children to wear a patka.”
“This is the first time that the exceptions that Melton Christian College seek to rely on, have been tested through the Tribunal and through courts.”
The College's student body is made up of diverse faiths, including Sikh students.
In closing submissions, its legal team said the uniform policy banning face and head wear, was reasonable, and ensured neutrality and equality among students and staff.
It maintained the College never requested Sidhak remove his patka or cut his hair, and stands by its decision not to amend school uniform policy.
Principal David Gleeson told SBS World News he’s looking to move forward with the family towards a resolution.
“We respect the process and authority of VCAT,” said Principal Gleeson.
“We definitely respect the Arora family, we acknowledge and understand their position, and we respect that position.”
The family’s counsel is acting pro bono, and they’re being supported by United Sikhs Director, Mejindarpal Kaur, who has flown to Australia from London to attend the three day hearing.
Ms Kaur reiterated the Arora family’s belief that Melton Christian College was the best choice for Sidhak, because of its reputation and proximity to their home. His cousins also attend the college.
Speaking on behalf of the family, Ms Kaur said Mr Singh Arora still wanted Sidhak to attend MCC.
“We were happy, and we still are, for our son, Sidhak Singh, to be educated in a Christian school, following Christian values, because those values are consistent with all faiths and also the Sikh faith.”
A judgement will be made at a later date.
