Bombay High Court Rejects Students' Plea Against Ban on Hijab, Burqa, Naqab in College

The Bombay High Court has rejected a plea filed by nine female students challenging the dress code enforced by NG Acharya and DK Marathe College of Art, Science, and Commerce, Mumbai, which prohibits the wearing of hijab, niqab, burkha, stole, cap, and similar items on campus.

In a verdict delivered by a division bench comprising Justice AS Chandurkar and Justice Rajesh Patil, the court stated, "For the reasons stated above, we decline to intervene." A detailed judgment is anticipated.

During the hearing, the college argued that the ban on these items aims to avoid the open display of religious symbols, except those integral to the right to religion, such as the Sikh turban. Senior advocate Anil Anturkar, representing the college, clarified that the policy applies uniformly to all religious symbols and is not specifically directed at Muslims. He emphasized that the college's intention is to uphold a neutral stance towards religious displays unless mandated by fundamental rights.

Advocate Altaf Khan, appearing for the petitioners, differentiated this case from the Karnataka High Court's ruling on hijab bans in junior colleges, highlighting that this pertains to senior college students who follow a dress code rather than a uniform policy. Khan argued that the imposition of the dress code via WhatsApp lacks legal backing, contrasting it with Karnataka where an existing uniform policy was upheld. He contended that the code violates the petitioners' rights to personal choice, bodily integrity, and autonomy.

Anturkar countered that the dress code applies universally and challenged the petitioners to demonstrate that wearing a hijab is a crucial religious practice in Islam. He stressed the importance of focusing on education rather than displaying religious symbols, noting that students were aware of the dress code upon admission. Anturkar also pointed out that any future display of other religious symbols, like a gada (mace) or bhagwa (saffron) attire, would similarly face objections from the college.

The university's counsel questioned the maintainability of the writ petition, noting distinctions from the Karnataka case where a government order on hijab bans was contested.

In response, Khan argued that the petitioners had peacefully worn hijabs for two years without issue and challenged the sudden assertion of disharmony. He contended that the ban infringes on Articles 19 and 21, referencing the Puttaswamy judgment on privacy rights. Khan emphasized that the case concerns the specific grievances of the petitioners and argued that the hijab is an integral part of Indian culture, questioning the rationale behind the dress code.

The petitioners, enrolled in NG Acharya and DK Marathe College of Art, Science, and Commerce, are pursuing B.Sc and B.Sc (Computer Science) degrees. They argue that the new dress code violates their fundamental rights to privacy, dignity, and religious freedom. According to the petition, the students have worn niqabs and hijabs both within and outside the college for several years. The college recently issued instructions through an undated notice and WhatsApp message mandating the dress code, which the petitioners contend lacks legal basis and unreasonably curtails their constitutional rights under Articles 14, 19, 21, 25, 26, and 29 of the Constitution of India.