16-6-2024
The students filed petition challenging a communication of the
college which restricts college students from wearing any clothing
such as burqas, naqabs, badges, caps or stoles which may reveal
their religion.
Nine students from a college in Mumbai have approached the Bombay
High Court challenging a college directive that imposed a dress code
for its college students restricting students from wearing any
clothing like burqas, niqabs, hijabs, etc. which could reveal the
religion of the student [Zainab Choudhary & Ors. v. Chembur Trombay
Education Society�s NG Acharya and DK Marathe College & Ors.]
The students have challenged a notice cum direction for students
instructing them to follow this dress code for college.
�You shall follow the dress code of college of formal and decent
dress which shall not reveal anyone�s religion such as no burqa, no
nakab, no hijab, no cap, no badge, no stole etc. Only full of half
shirt and normal trousers for boys and any Indian/ western
non-revealing dress for girls on the college campus. Changing room
available for girls,� the contentious notice stated.
It is to take effect from the new academic year in June 2024.
Messages outlining the guidelines were circulated by faculty members
on WhatsApp groups for second and third-year degree course students.
A Division Bench of Justices AS Chandurkar and Rajesh Patil is
likely to hear the plea on June 18.
The petition was filed through advocate Altaf Khan after the college
denied entry to several junior college girls wearing hijabs, for
non-compliance with the prescribed uniform.
Aggrieved by such a dress code, the students (petitioners)
approached the Court stating that these instructions were illegal,
arbitrary and unreasonable.
The plea highlighted that the college, affiliated to Mumbai
University and aided by the State of Maharashtra, had no power and
authority to issue directions giving out such restrictions and that
the notice could not be sustained.
�The college/ trust did not explain under which provision of law
they have imposed restriction/ban on particular clothing/ dress.
Thus, the notice/ direction is liable to be quashed and set aside,"
the plea stated.
Naqab and hijab are an integral part of the petitioners� religious
belief and it is their free will, choice and a part of their right
to privacy to continue wearing the naqab and hijab in the classroom,
the plea stated.
�Thus, right to choose and privacy, though not widely worded in
Article 19 (1) (are) an inseparable part of right to expression.
More so, petitioners rights are protected under Article 21 of
Constitution of India, 1950 under the liberty, which cannot be taken
away except, in according to procedure established by law,� the plea
stated.
The plea sought a direction from the Court to declare that the
impugned notice is 'without the authority of law and is arbitrary.'
It also sought a declaration that the notice or direction is not
binding on the petitioners.
On a related note, the Supreme Court is yet to give a final decision
on the validity of a Karnataka government order from 2022 which
effectively empowered government colleges in the State to ban the
wearing of hijab by girl students in college campuses.
The Karnataka High Court had upheld this hijab ban in March 2022,
leading to an appeal before the Supreme Court. A Division Bench of
the top court gave a split verdict in October 2022, which led to the
reference of the case to a larger Bench of the Supreme Court. This
case is presently pending before the Supreme Court.