Violation of rights recognised.
The complainant alleged that her fundamental right to equality was violated when Maliyadeva College denied her son admission to Grade 1 of the school, on the perception that her son was a Hindu and not a Buddhist, as the complainant’s husband was a Hindu.
FoRB related violation – Conscience (i.e. having or adopting a religion of one’s choice); Discrimination
The complainant’s son was born and bred as a Buddhist, and despite documentation being provided on the above, at the interview the Respondent’s disregarded the proof presented and denied admission.
The denial was on the basis that when the parents are from different religions, they consider the father’s religion to be that of the child’s (in this case the father is a Hindu and Mother Buddhist). The decision taken by the school is a violation of the rights guaranteed under Article 10 and 12 (1).