Tyron Iras Marhguy (right) with family
An Accra High Court yesterday ordered the management of Achimota School to admit two prospective students who were refused admission on the basis of wearing dreadlocks.
According to the court, the school insisting that the two must cut their dreadlocks which is a manifestation of their religion, is a discrimination against their fundamental human rights.
The court, presided over by Justice GiftyAgyei Addo, in its judgment held that she does not see what the wearing of dreadlocks which is the manifestation of one’s religious rights got to do with upholding discipline in the school.
Tyrone Iras Marhguy and Oheneba Kwaku Nkrabea in two separate suits sued the Board of Governors of Achimota School, Ghana Education Service, Ministry of Education and the Office of the Attorney General over the school refusing to admit them unless they cut off their dreadlocks.
The two had contended that their right to practice a religion of their choice as guaranteed by the 1992 Constitution was being infringed upon by the school’s insistence that they cut off their dreadlocks.
The suit was opposed by the school and the AG’s Office who argued that allowing them to maintain their hair breached the rules of the school as well as discriminates against other students who abide by the said rules.
The respondents further argued that the set of rules exist to maintain discipline in the school and promote academic excellence which is the ultimate objective of the school.
But Justice Addo in her judgment rejected the argument of the respondents that upholding the reliefs of the applicant will discriminate against other students who abide by the rules of the school.
She said fundamental human rights are not absolute and can be limited by statutes and policies but this must be juxtaposed with the public interest as in the instant case.
The court held that the ultimate aim of the rules is to enhance discipline and academic excellence but she did not see the effect on the school community if the applicants are allowed to keep their dreadlocks.
She further held that keeping low hair enhances hygiene in the school has not been impressed on the court and how keeping their dreadlocks would affect their health and the health of other students has also not been impressed on the court.
The judge further held that ordering the applicants to cut their dreadlocks which is the manifestation of their religion, which is Rastafarianism, and their culture, discriminates against their fundamental human rights.
She said the failure and refusal by the school to admit the applicants because of their dreadlocks is a violation of their fundamental human rights as well as a violation of their right to education.
The court also found that the order directed at Tyrone Iras Marhguy to step aside during the registration exercise in the school because of his dreadlocks is breach of his dignity and no rightful basis has been provided by the school to interfere with his religious rights.
The court ordered the school to admit the two to continue their education in the school.
The court also set aside the order directing the applicants to cut off their dreadlocks which is a manifestation of his religious rights.
The court however, said it will not make any order as to any compensation due to the future relationship between the applicants and the school.
BY Gibril Abdul Razak