The Bombay High Court on Wednesday dismissed a petition filed by nine female students against a Mumbai college’s decision to ban the wearing of hijabs, burqas and niqabs on its campus, Live Law reported.
In addition to hijabs, burqas and niqabs, the dress code also prohibits students from wearing stoles, caps and badges on the college premises, PTI reported.
A division bench of Justices AS Chandurkar and Rajesh Patil said that it was not inclined to interfere in the decision taken by NG Acharya and DK Marathe College of Arts, Science and Commerce.
The nine students are in their second and third year of a science degree course at the college, which is run by the Chembur Trombay Education Society. They had approached the High Court challenging the college’s decision on June 14.
The petitioners said that the move violated their fundamental rights to privacy and choice, as well as the right to practice their religion. They called the ban “arbitrary, unreasonable, bad-in-law and perverse”.
The students also argued that they had been wearing the niqab and hijab for several years, inside and outside the college, Live Law reported.
At a hearing last week, the college, represented by Senior Advocate Anil Anturkar, told the court that the dress code was imposed to avoid the display of religious symbols, apart from those that are mentioned as part of the fundamental right to religion such as the turban for Sikhs.
Anturkar added that the ban was not targeted at Muslims and that it applied to all religious symbols.
Advocate Altaf Khan, for the petitioners, highlighted the Karnataka High Court judgement of 2022 that upheld a ban on wearing hijabs in educational institutions across the state. The order had stated that students would have to wear the uniform prescribed by their schools and pre-university colleges.
Khan pointed out that the 2022 judgement had upheld the hijab ban in only those institutions that required students to wear a uniform. NG Acharya and DK Marathe College of Arts, Science and Commerce had imposed the dress code despite the absence of a uniform.
Khan also said that the Mumbai college’s decision was conveyed to students via WhatsApp and email, and did not have the backing of a legal authority. In Karnataka, on the other hand, the ban was imposed by the former Bharatiya Janata Party-led state government.
Khan also argued that the dress code impeded the petitioners’ access to education.
In response, Anturkar asked the petitioners to prove that the hijab is an essential religious practice in Islam. He added that the students should focus on their studies instead of insisting on displaying religious symbols.
Anturkar also noted that the petitioners were aware of the college’s dress code when they applied to study there. He added that the college would object if any student was found to be displaying other religious symbols, such as a gada (mace) or saffron clothes.
On December 22, Karnataka Chief Minister Siddaramaiah said that his government would withdraw the order banning the wearing of hijabs in educational institutions in the state. However, he clarified a day later that his government was only considering revoking the ban.
The Karnataka government is yet to pass an order in the matter.
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