New Delhi: A plea challenging the ban on burqas, niqabs and hijabs in a Mumbai college was dismissed by the Bombay high court on Wednesday (June 26).
The N.G. Acharya and D.K. Marathe college in Mumbai’s Chembur had issued a notice last month instructing students not to wear hijabs or any other religious identifiers.
“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 or 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 said.
A bench of Justices A.S. Chandurkar and Rajesh Patil said that the court was not inclined to interfere with the college’s decision, Bar and Bench reported.
According to the report, the guidelines were circulated by faculty members on WhatsApp groups for second and third-year degree course students.
Students filed a petition, challenging the guidelines, after several junior college girls wearing hijab were denied entry into the college.
The guidelines were “illegal, arbitrary and unreasonable, the petition said, adding that the college had no authority to impose 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, it added.
The plea also underlined that the University Grants Commission (UGC) guidelines that 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, the report said.
Senior advocate Anil Anturkar, appearing on behalf of the college, said that the dress code was applicable to all students. Referring to the turban worn by the Sikh community, Anturkar argued that only attire covered under the fundamental right to religion under Article 25 of the Constitution was exempt from the college’s directive.
He said that prima facie, the plea was baseless as fundamental rights of petitioners were not being violated, adding that a person dressed entirely in saffron clothing would also be penalised by the college. The senior advocate further alleged that the petition was filed for publicity and hearing it would result in disharmony.
The lawyers representing the government and Mumbai University also challenged the maintainability of the plea, Bar and Bench reported.
