Teacher Fatima Fasmida Rameesh discriminated because of the Abaya
Fatima Fasmida, a science teacher, joined the Sammuga Hindu Balika school in Trincomalee in 2013. Prior to that, she worked at the Muttur Muslim Central College. It is a common sight for teachers in many Muslim schools to come to school dressed in abaya, as the government has not yet prescribed a uniform for the teaching profession.
When teacher Fatima Fasmida first came to Sammuga Hindu Balika Vidyalaya in 2013, she was also wearing an abaya dress. However, Sulochana, who was the principal at the time, told Fatima Fasmida that the teachers at her school were not allowed to dress the abaya and that if she found it difficult, she should get a transfer done to another school.
Fatima Fasmida had gone to school in the Abaya dress for about two weeks. She had then come to the school on the notice of the principal wearing a sari and a scarf covering her head.
Meanwhile, another Muslim teacher from Kinniya was transferred to Sammuga Hindu Balika Vidyalaya and had disregarded the principal’s directive and continued to come dressed in the black Abaya dress. However, teacher Fatima Fashmida said that there has been no action against the teacher who had come in the Abaya in defiance of Sulochana’s principal’s order.
Taking this as a cue, Fatima Fashmida said that she too had once again changed into an Abaya instead of the Saree. Fasmida and three other Muslim teachers continued to work at the same college while the teacher who was in defiance to the order of the principal left for another school. They have made sure to cover their heads with a scarf and avoided wearing the black abaya but used different colours. .
However, with continued protests from the school regarding abaya, they have taken steps to refer the issue to the Ministry of Education. Authorities have informed the four teachers that they will be temporarily attached to the nearby Zahira Muslim College until the matter is resolved regarding the Abaya dress. Accordingly, the Provincial Ministry of Education has taken action to integrate these teachers into Zahira Muslim College on 27.04.2018. Fatima Fashmida said that the Ministry of Education did not pay attention to this issue and continued to update the temporary transfers of teachers. Because of this, they have lodged a complaint with the Human Rights Commission of Sri Lanka, considering this issue as a violation of their human rights.
The teachers first lodged a complaint with the Human Rights Commission of Sri Lanka (HRCSL) in Trincomalee, but later forwarded it to the head office in Colombo.
The Human Rights Commission of Sri Lanka (HRCSL) has recommended on 19.02.2019 subsequent to seven rounds of investigations with all parties that the human rights of the teachers concerned have been violated by the school authorities and the school authorities should take immediate action to rectify the situation. .
Fatima Fasmida has filed a writ petition in the Court of Appeals, regarding the school authorities arbitrary policy of not allowing teachers to wear the abaya to the school, which is part of their culture, and the silence of the education authorities and the refusal to comply with the recommendations of the Human Rights Commission of Sri Lanka (HRCSL).
During the hearing of this writ petition the Attorney General’s Department has agreed to reach an agreement between the complainant and the Ministry of Education. Abdul Rahim Ramesh, Fatima Fashmida’s husband, said that according to the agreement the education authorities had agreed to implement the recommendations of the Human Rights Commission and to reinstate the teacher to the same school with the salary increments.
However, the re-reinstatement of the teacher Fatima Fashmida to Sammuga College on 20.02.2022 ended when she came to the school in an abaya dress and there was a commotion at the school and she was re-attached to the Zonal Education Office. However, Fatima Fashmida continues to challenge the conduct of the authorities, including the Ministry of Education, for their inaction despite the fact that the Human Rights Commission and the courts have stated that her Human Rights have been violated.
Lakmal K. Baduge.
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