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Schools in Keralam cannot punish, harass, or discriminate against students simply because they choose to wear their hair long, the Kerala State Commission for Protection of Child Rights has said. The Commission has recommended that students, irrespective of gender, should be free to grow and maintain their hair according to their personal preference, while schools should focus on their education and personality development rather than their physical appearance.
The order, issued by Commission member P Shajesh Bhaskar on September 15, says that boys, girls, and children who have not affirmed their gender identity should have the freedom to grow their hair in a manner suited to their preference. It also says that students who have not affirmed their gender identity should have the right to choose their preferred dress code.
The Commission specifically recommended that school authorities must not mentally harass students, remove them from class, discriminate against them, or subject them to other disciplinary action because of the length of their hair or related matters.
At the same time, students who grow their hair have a responsibility to maintain it cleanly and safely, ensuring that it does not obstruct their eyes or face. During laboratory activities, sports competitions, and practical classes, students with long hair must tie it up or secure it with a hair band where necessary for safety. The Commission also said that applying chemicals or colours to hair in a manner that could harm students’ health is not advisable.
The Commission said that the issue must be viewed in the context of gender equality in education. It noted that although schools in Kerala claim to be gender-neutral, discrimination against boys and children who do not identify with a particular gender continues. The Commission said students’ rights, individuality, abilities, and wellbeing, rather than gender-based distinctions, should be at the centre of education.
It also referred to the United Nations Convention on the Rights of the Child (UNCRC) and Articles 14, 15, 21, and 21A of the Indian Constitution, relating to equality, non-discrimination, the right to life and dignity, and the right to education.
The order came in response to two petitions considered together by the Commission. One was filed by writer Indu Menon, who raised concerns about restrictions imposed on boys and children who do not identify with a particular gender, including restrictions on growing their hair. The second was filed by a school principal, who sought guidance after a Class 11 boy repeatedly refused to cut his hair despite being asked to do so.
In a Facebook post following the order, Indu said her fight over the issue began in 2014, when she complained to the Education Department after school authorities asked her then two-and-a-half-year-old son to cut his hair. She said she subsequently approached education officials at different levels and the Chief Minister, but did not receive a decision that addressed the broader issue.
Indu said that, despite repeated complaints and the introduction of gender-neutral uniforms and policies in Kerala’s schools, restrictions on boys growing their hair continued. She said her son eventually cut his hair because he was afraid that continuing to challenge the school would make his life there more difficult.
In its order, the Commission observed that neither the State Education Department nor the CBSE had so far issued guidelines on this matter. The CBSE Regional Director told the Commission that there were no specific directions on the matter and that schools could take decisions on such issues as part of their disciplinary framework.
The Commission said allowing individual schools to frame their own rules had resulted in an inconsistent situation for students. It said the departments represented by the respondents were responsible for ensuring that students have a learning environment that protects their personal freedom and gender equality, without discrimination.
It has therefore recommended that the State Education Department and CBSE issue guidelines concerning students growing their hair after conducting a detailed examination of the issue and hearing children’s views.
The respondents have been directed to submit a report to the Commission on the action taken on these recommendations within 45 days of receiving a copy of the order.