Kes in schools
Kes and Schools
Kes (hair) can be kept by practising and Amritdhari (initiated) Sikhs in Australian schools.
The keeping of Kes by Sikhs is protected under applicable state, territory and federal anti-discrimination laws.
Uniform policies that do not provide for the wearing of the Kes (either on the head or elsewhere), either through an explicit exemption to the general policy or allowing for an exemption through application, are likely to be found to be in contravention of applicable state, territory and federal anti-discrimination laws.
Kes or Kesh is the reference to a Practising Sikh’s uncut hair on the head and body. Many Sikhs interpret the keeping of Kes as a sign of commitment to and acceptance of the will of the one universal force Sikhs call Vaheguru / Waheguru. The practice of keeping hair is deeply embedded in Sikh religious tradition and history and prohibits the cutting or shaving of any bodily hair, including facial hair, as a mark of respect to Vaheguru’s creation. For Practising and Amritdhari (initiated) Sikhs, the Kes is a mandatory article of faith. The keeping of Kes at all times is a must and to part with it is considered a lapse in religious practice.
Practising Sikhs and Amritdhari Sikhs keep all bodily hair uncut. Non-practising Sikhs may keep some of their hair. For example some Sikhs may keep their hair on their head untrimmed but they may still trim other bodily hair (e.g. facial hair). This is a personal decision made between the Sikh, their family and their relationship with Vaheguru (the universal force).
The Kes are an integral part of a Sikh’s identity and due to a history of persecution for keeping hair, to ask for a Sikh’s hair to be removed is perceived as being disrespectful and offensive.
Hair and uniform policies
Schools may seek to enforce a uniform policy dress standard that:
includes how hair on the head is presented
limiting or banning any facial hair.
Practising Sikh boys at school will wear a turban to cover the hair on the head. To remove the turban would be considered a lapse in religious practice. To ask for the turban to be removed would be considered deeply offensive.
Practising Sikh boys will usually also develop some facial hair growth during their school years. The removal of that facial hair will be considered sacrilegious by the practising Sikh student and their family. To ask for the removal of that hair would be considered deeply offensive.
A school’s uniform policy should allow for religious exemptions for practising and Amritdhari Sikhs. Failing to do so could be in contravention of the relevant state and federal anti-discrimination legislation.
Where Sikh religious items of significance have been challenged by schools seeking to enforce uniform policies across Australia, the result has been for schools to have to amend their uniform policies to ensure they do not discriminate and are in accordance with anti-discrimination laws. See the case of Sidak Singh Arora and Melton College which was decided in the Victorian Civil and Administrative Tribunal. This case concerned whether a patka wearing Sikh child was discriminated against by a school’s inflexible uniform policy. The decision contains some clear principles that can assist us in understanding how other Sikh articles of faith such as the Kes may be treated by anti-discrimination laws in an education setting.
Relevant links (e.g. Media, Academic Papers, Opinions)
Arora v Melton Christian College (Human Rights) [2017] VCAT 1507
Federal Discrimination Law: Chapter 3 - The Race Discrimination Act - specifically 3.2 (b) outlining how Sikhs are considered a ‘race’ under common law.