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The recent Federal Court decision on what has come to be commonly be known as the ' serban case' has, in fact, watered down freedom of religion in Malaysia, in particular the right to practise and profess one's religion, and also the rights of the child.

This case was about three children attending a government school wearing the serban (male headgear) and who refused to stop doing so despite being told that Regulation 3(i)(I) of the School Regulations 1997 prohibited pupils from wearing the jubah , turban ( serban ), topi , ketayap and purdah .

This School Regulations 1977 were the Peraturan Sekolah Kebangsaan Serting (Felda) 1997, meaning it was a regulation of just that particular school apparently made pursuant to a circular of the education ministry (Surat Pekeliling Ikhtisas Bil. 9/1975). One wonders whether that regulation would also mean that a Sikh student will also be prohibited from wearing a turban.


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