Bombay HC upholds Mumbai college's dress code banning hijab

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The Bombay High Court declined to intervene in the decision made by a Mumbai-based college to ban hijab, burqa and naqab on its premises.

A division bench consisting of Justices A S Chandurkar and Rajesh Patil dismissed a petition filed by nine students from the second and third year of a science degree course in Mumbai. The bench said it was not inclined to interfere in the decision taken by the college.

Earlier this month, the students approached the High Court to challenge a directive from Chembur Trombay Education Society's NG Acharya and DK Marathe College. The college had imposed a dress code prohibiting the wearing of hijab, naqab, burka, stoles, caps and badges on campus.

The petitioners argued that the directive violated their fundamental rights to practice their religion, as well as their rights to privacy and personal choice. They described the college's action as "arbitrary, unreasonable, bad-in-law, and perverse."

Altaf Khan, the petitioners' advocate, presented verses from the Quran to the court, saying that wearing the hijab is an essential part of Islam. He argued that the petitioners' rights to choice and privacy also supported their opposition to the college's dress code.

The college maintained that the ban on hijab, naqab, and burqa was a disciplinary measure intended to enforce a uniform dress code, not an action 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.

The students initially had requested the college management and principal to lift the restrictions on hijab, citing their right to choice, dignity, and privacy in the classroom. They had also sought intervention from the chancellor, vice chancellor of Mumbai University and the University Grants Commission.

When no response was received from these authorities, the students filed their petition in the High Court.