Mumbai-girl takes college to court after being barred for hijab
What's the story
A first-year homoeopathy student has approached the Bombay HC after her college disallowed her to write exams due to poor attendance.
But the poor attendance was because she wasn't permitted to attend classes in the first place due to her 'hijab' (headscarf).
Fakeha Badami said in her appeal that it's not just her, all Muslim girls were barred from campus if they wore hijab.
Religious intolerance
Just a month after she took admission, she was barred
Badami took admission in Sai Homoeopathic Medical College, affiliated to Maharashtra University of Health Sciences (MUHS), in December-2016.
A month later, she wrote to MUHS and ministry of AYUSH (ayurveda, yoga and naturopathy, unani, siddha and homeopathy) that her Bhiwandi-based college isn't allowing her to attend classes because of her hijab.
Both organizations ordered the college to resolve the issue, to no avail.
Details
College ignored repeated orders by MUHS
In the following few months, MUHS asked the college repeatedly to let Badami attend classes, but it didn't budge.
Finally in October, MUHS sent it a legal notice.
She moved the HC next month when she wasn't permitted to sit for the November exams.
In March-2018, the college told HC that she'll be accommodated in repeater lectures.
However, she could just attend six classes.
What happened
She told HC that college's 'arbitrary' behavior should be considered
Following this, MUHS barred her from filling up the form for her June exams citing poor attendance.
Badami then appealed to HC for relief.
"Non attendance isn't due to failure of the petitioner (Badami) to attend classes but the same is due to the arbitrary behaviour of the college and hence, the petitioner ought to have been attending the classes regularly," her appeal read.
Gown vs Burqa
Allowed hijab, but Badami wanted to wear burqa: College
Badami further said that by not allowing her to wear hijab, the college is violating her Fundamental Right under Article 25 of the Constitution of India.
The college, however, maintained that they allowed her to wear hijab, but "she was insisting on wearing a full burqa," said Deepak Salvi, their advocate.
Badami's lawyer defended by saying she insisted on a gown, not burqa.
Different rules?
Badami's sister also goes to college wearing hijab, uninhibited
Badami's parents said that all through her school and junior college, she wore hijab to classes.
Interestingly, her sister is not prohibited by her college, also under MUHS, for wearing hijab to her classes.
Scheduling a hearing for Friday, the HC vacation bench of Justices Shahrukh Kathawalla and Ajay Gadkari asked Badami's lawyer to issue legal notices to her college and other respondents.
Do you know?
In the past: Kerala allowed hijab-clad women to take exam
In April 2016, Kerala High Court allowed Muslim girls to wear hijab and appear for All India Pre-Medical test (AIPMT), on the condition that they should be present in the examination hall 30 minutes before exam starts for frisking, if at all necessary.