A city-based college on Today (June 19th) argued before the Bombay High Court that the ban on hijab, naqab and burka on its premises was only meant to enforce a uniform dress code and did not seek to target the Muslim community.
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Mumbai: A city-based college presented its case before the Bombay High Court, asserting that its ban on hijab, niqab, and burqa on campus was intended to enforce a uniform dress code and was not targeted at the Muslim community.
The controversy arose after nine female students from Chembur Trombay Education Society’s N G Acharya and D K Marathe College filed a petition challenging the dress code, which prohibits hijab, niqab, burqa, stoles, caps, and any kind of badges.
The petitioners, second and third-year science degree students, claimed that the rule violated their fundamental rights to practice religion, privacy, and “right to choice.”
The students argued that the college’s action was “arbitrary, unreasonable, bad in law and perverse.”
During the hearing, a division bench of Justices A S Chandurkar and Rajesh Patil questioned the petitioners’ lawyer on which religious authority mandates that wearing a hijab is an essential part of Islam.
The court also inquired whether the college had the authority to impose such a ban.
After hearing arguments from both sides, the high court reserved its decision for June 26.
Advocate Altaf Khan, representing the petitioners, cited verses from the Quran to support the argument that wearing a hijab is an essential religious practice. He emphasized that the petitioners were also relying on their “right to choice and privacy.”
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.
Anturkar further argued that wearing hijab, niqab, or burqa is not an essential part or practice of Islam. He stated,
“If tomorrow a student comes dressed in full ‘bhagwa’ (saffron) clothing, the college will oppose that too. Why is it necessary to openly disclose one’s religion or caste? Will a Brahmin roam around with his sacred thread outside his clothes?”
The college management has provided a room where students can change out of their hijabs before entering classrooms, he pointed out.
In response, Advocate Khan questioned the timing and necessity of the ban, highlighting that until now, the petitioners and other students had attended classes wearing hijabs, niqabs, and burqas without issue.
“Now what happened suddenly? Why was this ban imposed now? The dress code directive says wear decent clothes. So is the college management saying that hijab, niqab, and burqa are indecent clothing or revealing (clothing)?”
-he asked.
The petitioners claimed that the college’s directive was “nothing but a colorable exercise of power.”
They also stated that before approaching the court, they had sought intervention from the chancellor and vice-chancellor of the University of Mumbai and the University Grant Commission (UGC) “to upkeep the spirit of imparting education to all citizens without discrimination,” but had received no response.
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