News Mania Desk/ Agnibeena Ghosh/26th June 2024
The Bombay High Court on Wednesday upheld the decision of NG Acharya and DK Marathe College in Mumbai to prohibit the wearing of hijabs, burkas, and naqabs on campus. A division bench comprising Justices A S Chandurkar and Rajesh Patil dismissed a petition filed by nine female science students challenging the college’s dress code policy.
The students, who are in the second and third years of their degree courses, filed the petition earlier this month. They argued that the college’s directive, issued by the Chembur Trombay Education Society, violated their fundamental rights to religious practice, privacy, and personal choice. The new dress code also bans stoles, caps, and badges within the campus.
The petitioners described the college’s action as “arbitrary, unreasonable, bad-in-law, and perverse,” according to news agency PTI. Advocate Altaf Khan, representing the students, presented verses from the Quran to the court, arguing that wearing the hijab is an essential part of Islam. The students asserted their religious rights, alongside their rights to personal choice and privacy, as reasons to oppose the college’s decision.
In defense, the college stated that the ban was a disciplinary measure aimed at enforcing a uniform dress code, not a targeted attack on the Muslim community. Senior counsel Anil Anturkar, representing the college management, emphasized that the dress code applied equally to all students, regardless of their religion or caste.
The students contended that the directive was a “colorable exercise of power.” Initially, they had requested that the college management and principal revoke the restriction, arguing it infringed upon their rights to choice, dignity, and privacy in the classroom. They also sought intervention from the chancellor and vice chancellor of Mumbai University and the University Grants Commission to ensure non-discriminatory educational practices.
After receiving no response to their grievances, the students turned to the High Court, which has now dismissed their petition.
The court’s ruling has sparked discussions about the balance between institutional dress codes and individual religious freedoms. The college maintains that the uniform dress code is intended to create an inclusive and disciplined academic environment. However, the students and their supporters view the ban as an infringement on their personal and religious rights.
The decision has highlighted the ongoing debate in India over religious expression in educational institutions. Similar cases have emerged in other parts of the country, reflecting the broader struggle to balance secular policies with religious freedoms.
While the college insists that the dress code promotes equality and discipline, the affected students feel that their identities and beliefs are being compromised. This case underscores the challenges faced by educational institutions in implementing policies that are seen as equitable and respectful of diverse backgrounds.
As the discussion continues, the ruling by the Bombay High Court sets a significant precedent. The outcome may influence future policies and legal battles concerning religious expression and personal rights in educational settings.
