Bombay High Court rejects plea by nine students against ban on hijab, cap, stoles in Mumbai college

The Bombay High Court on Wednesday dismissed a plea filed by nine students from a Mumbai college challenging the college's directive banning burqas, niqabs, hijabs, etc. which could reveal the religion of the student.[Zainab Choudhary & Ors. v. Chembur Trombay Education Society’s NG Acharya and DK Marathe College & Ors.].A Division Bench of Justices AS Chandurkar and Rajesh Patil observed that the directive aimed to prevent the disclosure of a student's religion, allowing them to focus solely on their education."The object behind issuing the same is that the dress of a student should not reveal his/her religion which is a step towards ensuring that the students focus on gaining knowledge and education which is in their larger interest," the Court said..Accordingly, the Court determined that it was not inclined to interfere with the decision of NG Acharya and DK Marathe College in Chembur. .The students challenged a notice cum direction instructing them to follow this dress code from the new academic year beginning in June.“You shall follow the dress code of college of formal and decent dress which shall not reveal anyone’s religion such as no burqa, no nakab, no hijab, no cap, no badge, no stole etc. Only full of half shirt and normal trousers for boys and any Indian/ western non-revealing dress for girls on the college campus. Changing room available for girls,” the notice stated.Messages outlining the guidelines were circulated by faculty members on WhatsApp groups for second and third-year degree course students..The petition was filed through advocate Altaf Khan after the college denied entry to several junior college girls wearing hijab.Aggrieved by the dress code, the students (petitioners) approached the Court stating that these instructions were illegal, arbitrary and unreasonable.The plea highlighted that the college, affiliated to Mumbai University and aided by the State of Maharashtra, had no power and authority to issue directions giving out such restrictions and that the notice could not be sustained.“The college/ trust did not explain under which provision of law they have imposed restriction/ban on particular clothing/ dress. Thus, the notice/ direction is liable to be quashed and set aside," the plea stated.Naqab and hijab are an integral part of the petitioners’ religious belief and it is their free will, choice and a part of their right to privacy to continue wearing the naqab and hijab in the classroom, the plea said.Further, the plea underlined that the University Grants Commission (UGC) guidelines aim to increase access to higher education for Scheduled Castes, Scheduled Tribes, OBCs, Muslims, and other communities, and that the National Education Policy promotes inclusivity. .Therefore, the plea sought a direction from the Court to quash the notice as arbitrary..Senior advocate Anil Anturkar, representing the college management, argued that the dress code was applicable for all unless one could show that wearing certain attire, such as the Sikh turban, is covered under the fundamental right to religion under Article 25 of the Constitution. He submitted that prima facie, the plea was baseless as fundamental rights of petitioners were not being violated.He added that if someone enters the college in an entire saffron dress, the college would object to that as well. "The college management insisted that you should not underline your religious identity, unless you show wearing it is as per your fundamental right to religion like Sikhs, which is not the case in present matter," he said.Anturkar argued that the petition could not be entertained because it lacked bona fides and was filed for publicity. He added that entertaining the petition would result in disharmony.After Anturkar mentioned that the petitioners had gained admission with full knowledge of the dress code, Khan responded that the admission had been secured without prejudice to their rights and contentions.The lawyers representing the government and Mumbai University also challenged the maintainability of the plea.The Court after hearing all parties refused to interfere and rejected the plea..[Read judgment]