The division bench of Justices A S Chandurkar and Rajesh Patil, dismissed a petition filed by nine female students challenging the college’s directive.
Mumbai, Maharashtra: Today (26th June): The Bombay High Court refused to intervene in a contentious issue regarding a Mumbai-based college’s ban on hijab, burka, and naqab within its premises. The division bench of Justices A S Chandurkar and Rajesh Patil, dismissed a petition filed by nine female students challenging the college’s directive.
READ ALSO: “Hijab Ban Part of Dress Code Not Against Muslims”: Mumbai College Tells HC
The controversy arose from a directive issued by the Chembur Trombay Education Society’s NG Acharya and DK Marathe College, imposing a strict dress code that prohibits items such as hijabs, naqabs, burkas, stoles, caps, and badges inside its premises.
The students argued that such a policy infringed upon their fundamental rights, including the freedom to practice their religion, right to privacy, and personal choice.
Advocate Altaf Khan, representing the petitioners, cited verses from the Quran to underscore the religious significance of wearing a hijab, emphasizing its integral role in Islam. The students contended that the college’s decision was arbitrary and discriminatory, challenging its legality and terming it a violation of their rights.
On the other hand, the college management defended its stance, asserting that the dress code was not targeted at any specific community but aimed at maintaining a uniform appearance among students of all religious and cultural backgrounds.
READ ALSO: 9 Students Move to Bombay HC After City College’s ‘Hijab’, ‘Burqa’ Ban In Class
Senior counsel Anil Anturkar, representing the college, clarified that the directive was part of a broader disciplinary measure rather than a discriminatory act.
Senior counsel Anil Anturkar, representing the college, argued that the dress code applied to students of all religions and castes.
“This is not an order against Muslims alone. This dress code restriction is for all religions. This is so that students need not openly roam around disclosing their religion. People come to college to study. Let the students do that and focus only on that and leave everything else outside,”
-he asserted.
The students initially appealed to the college authorities, as well as to higher educational bodies including the Mumbai University and the University Grants Commission, seeking intervention to revoke the restriction on religious attire.
Their plea highlighted the importance of choice, dignity, and privacy in educational settings, advocating for a balanced approach that respects cultural diversity while upholding academic discipline.
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The girls claimed in their plea that the directive restricting the wearing of naqab, burka, and hijab was “nothing but a deceptive exercise of power”.
Initially, the girls requested the college management and principal to withdraw the restriction and allow them to wear naqab, burka, and hijab “as a matter of their right to choose, maintain their dignity, and ensure their privacy in the classroom”.
The girls also raised their grievance against the notice with the chancellor, vice-chancellor of the Mumbai University, and the University Grants Commission, requesting their intervention “to uphold the spirit of providing education to all citizens without discrimination”.
While the High Court’s decision has upheld the college’s right to enforce a dress code, the case underscores broader issues of religious freedom and educational policies in India.
