Bombay High Court upholds hijab ban in Mumbai college
What's the story
The Bombay High Court on Wednesday declined to intervene in a decision by a Mumbai-based college to ban the wearing of hijabs, burkas, and niqabs on its premises. The ruling was made by Justices A S Chandurkar and Rajesh Patil who stated they were "not inclined to interfere" with the college's decision. This verdict dismissed a petition filed by nine women students challenging the dress code directive issued by their college.
Petition details
Students challenge college's dress code directive
The students, in their second and third year of a science degree course, challenged the Chembur Trombay Education Society's NG Acharya and DK Marathe College's dress code directive. They argued that the ban on hijabs, naqabs, burkas, stoles, caps, and badges within the college premises violated their fundamental rights to practice their religion, right to privacy, and right to choice. The petitioners described the college's action as arbitrary, unreasonable, and contrary to law.
Defense argument
College defends dress code as non-discriminatory
The college defended its decision, stating it was merely enforcing a uniform dress code for disciplinary purposes and denied any bias against the Muslim community. Senior counsel Anil Anturkar, representing the college management, stated that the dress code applied to all students "regardless of their religion or caste." Despite this explanation, the girls maintained in their plea that such a directive was an unjust exercise of power.
Dress code
Dress code details and legal arguments presented
The dress code, set to be implemented from the academic year beginning in June, stipulates that religious identifiers such as badges, caps, stoles, burqas, niqabs or hijabs will not be permitted inside the college. Anturkar argued that the dress code was applicable for all unless one shows that wearing certain attire is covered under the fundamental right to religion under Article 25 of the Constitution. He claimed that there was nothing in the petition that infringed upon the fundamental rights.
Counter argument
Petitioners' response to college's defense
In response to Anturkar's claim that petitioners had got admission with "full knowledge" of the dress code, the petitioner's advocate, Altaf Khan, stated that admission was secured without any prejudice to their rights and contention. Khan also presented verses from the Quran in court last week to support their claim that wearing a hijab is an essential part of Islam. The government and Mumbai University's lawyers also challenged the maintainability of the plea.
Plea details
Students' plea for intervention from higher authorities
The students initially requested the college management and principal to withdraw the restriction on naqab, burka and hijab as they believed it was a matter of right of choice, dignity, and privacy in the classroom. They also approached the chancellor, vice chancellor of Mumbai University, and the University Grants Commission, seeking their intervention to uphold the spirit of imparting education to all citizens without discrimination. However, when they received no response, they filed a petition in the HC.