Nine female students challenge a Mumbai college’s ban on hijab, burka, and naqab in classrooms, citing violations of their religious freedoms and fundamental rights, prompting a hearing next week at the Bombay High Court.
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MUMBAI: Recently Nine female students have approached the Bombay High Court to contest a directive issued by their college that prohibits the wearing of hijab, burka, and naqab in the classroom. This move by the Chembur Trombay Education Society’s NG Acharya and DK Marathe College has sparked significant debate and controversy.
In their petition, the students described the ban as “arbitrary, unreasonable, bad-in-law and perverse.” They argue that the directive infringes upon their fundamental rights and religious freedoms.
The case is set to be heard next week by a bench led by Justice AS Chandurkar. The students hope that the court will recognize the directive as a violation of their rights and overturn the ban.
The college’s directive was announced on May 1, when a notice and a message were circulated in the college’s WhatsApp group, which includes faculty members and students. The notice imposed a dress code restriction on wearing the burka, naqab, hijab, badges, caps, and stoles within the classroom.
The petitioners, who are in their second and third years of their degree programs, assert that such a directive is-
“nothing more than a deceptive exercise of power.”
They emphasize that the naqab, burka, and hijab are integral parts of their religious beliefs and that banning these garments violates their fundamental rights.
The plea contends that imposing a ban on these religious garments is a direct infringement of the students’ constitutional rights. The students maintain that their ability to practice their faith should not be compromised by the college’s dress code policy.
“The naqab, burka, and hijab constitute integral aspects of the petitioners’ religious beliefs, and the imposition of a ban on them constitutes a violation of their fundamental rights.”
– the petition states.
The petitioners initially approached the college management and principal, urging them to revoke the ban. They asserted that wearing naqab, burka, and hijab should be allowed
“as a fundamental entitlement to choice, dignity, and privacy within the classroom.”
Despite these efforts, the college management did not respond favorably to their request.
Undeterred by the lack of response from the college, the students escalated their grievance to higher authorities. They contacted the chancellor and vice-chancellor of the university, as well as the University Grants Commission (UGC), seeking their intervention. The students emphasized the importance of
“Providing education to all individuals without any form of discrimination.”
However, these appeals also went unanswered.
Faced with silence from all levels of college and university administration, the students decided to file a petition in the High Court. The petition outlines their contention that the notice issued by the college management lacks any legal authority.
According to the plea, the notice is-
“bad-in-law, null and void”
and should be quashed.
The students’ petition highlights the broader implications of the ban, arguing that it violates fundamental rights and disrupts the inclusive spirit of education. By seeking judicial intervention, they aim to ensure that their rights are upheld and that educational institutions do not discriminate against students based on their attire.
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The petitioners have made a compelling case for the High Court to quash the college’s notice. They assert that the ban is not only unlawful but also goes against the principles of equality and non-discrimination that are fundamental to the educational system. By challenging the notice, the students are advocating for a more inclusive and respectful environment in educational institutions.
