A city-based college argued before the Bombay High Court on Wednesday that its ban on hijab, naqab, and burka was aimed solely at enforcing a uniform dress code and was not intended to target the Muslim community.
Nine female students filed a petition last week challenging the directive issued by the Chembur Trombay Education Society’s N G Acharya and DK Marathe College, which prohibits hijab, naqab, burka, stoles, caps, and badges. The petitioners, second and third-year science degree students, contended that the rule violated their fundamental rights to practice religion, privacy, and freedom of choice.
They claimed the college’s action was arbitrary, unreasonable, legally flawed, and discriminatory.
During the hearing before a division bench of Justices A S Chandurkar and Rajesh Patil, the court questioned the petitioners’ lawyer on whether wearing a hijab is mandated by any religious authority in Islam. The bench also sought clarification from the college management regarding the authority under which it imposed the ban.
Following arguments from both sides, the high court announced it would issue an order on June 26.
Advocate Altaf Khan, representing the petitioners, cited Quranic verses to support their argument and emphasized their rights to religious practice, choice, and privacy.
Senior counsel Anil Anturkar, appearing for the college, defended the dress code, stating it applied uniformly to students of all religions and castes. He argued that the policy aimed to maintain a neutral environment where students focus solely on their studies without openly displaying their religious affiliations.
Anturkar contended that wearing hijab, naqab, or burka is not an essential religious practice in Islam and likened the ban to potential restrictions on attire that might overtly disclose other religious affiliations.
The college management’s provision of a changing room for students to remove hijabs before entering classrooms was highlighted as a compromise.
Advocate Khan countered by questioning the sudden imposition of the ban, noting that the students had previously attended classes without issue while wearing hijab, naqab, or burka. He challenged the college’s characterization of these garments as indecent or revealing, as stated in the dress code directive.
The petitioners had previously sought intervention from the chancellor and vice-chancellor of the University of Mumbai, as well as the University Grants Commission (UGC), to address what they viewed as discriminatory policies in education, but did not receive a response.
Overall, the petitioners argued that the college’s directive represented an abuse of power under the guise of maintaining uniformity.
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