Plea In Bombay High Court Challenges Ban On Hijab At Mumbai's NG Acharya And DK Marathe College

Nine students from Mumbai's NG Acharya and D. K. Marathe College of Art, Science and Commerce have approached the Bombay High Court challenging a recently implemented dress code by the college authorities prohibiting students from wearing hijab on the campus.

The petitioners, students in their second and third years of B.Sc and B.Sc (Computer Science) programs, claim that the new dress code violates their fundamental rights to privacy, dignity, and religious freedom.

“Petitioners state that the college trustees, teaching and non— teaching staff of respondent college follow and propagate their pooja/religious beliefs and culture during commencement/conclusion of annual functions and cultural programs organised in college. Petitioners never had, and do not have, any difficulty to any such as religious or cultural practice or belief. More so, religious pendent, Bindi, Teeka, religious treads around wrist, rakhi and finger rings are allowed in the classroom and thus, imposing restrictions on selectively is per-se discriminatory, illegal and bad-in-law”, the petition further contends.

As per the High Court's website, the writ petition, filed through advocate Altaf Khan, is set to be heard by a division bench.

According to the petition, the petitioners, all female students, have been wearing the niqab and hijab for several years both within and outside the college. The college recently issued an undated notice titled "Instruction for Student" on its website and through a WhatsApp message, mandating a dress code that explicitly forbids the wearing of burkha, niqab, hijab, caps, badges, and stoles.

The notice stipulates that students must adhere to a dress code that does not reveal any religious affiliation such as burkha, nakab, hijab, cap, badge, stole etc.

The petitioners argue that these instructions are illegal, arbitrary, and unreasonable. The petition contends that such directives are not supported by any statutory authority and infringe upon their rights guaranteed under Articles 14, 19, 21, 25, 26, and 29 of the Constitution of India. The petition contends that the college, being affiliated with the University of Mumbai and receiving state aid, lacks the authority to impose such restrictions on attire.

The petition also argues that the college's actions are discriminatory and violate the principles of equity and inclusiveness as mandated by the Maharashtra Public Universities Act, UGC guidelines, RUSA guidelines, and the National Education Policy.

“The action on the part of Respondent [College] intent to exclude the Petitioners from pursuing higher education and sought to discriminate the petitioners from other students. This action is akin to denying admission in the Respondent [College]. Respondent [College] further failed to consider that such restrictions shall increase the dropout rates of Women”, the petition contends.

The petition states that the restrictions do not align with the National Policy on Higher Education and the Rashtriya Uchchatar Shikshan Abhiyan (RUSA), which aim to promote access and equity in higher education for disadvantaged groups, including women and minorities.

The petition argues that the dress restrictions breach the college's own Policy on Code of Ethics, which promotes equality and respect for all students. “Petitioners ought not have subjected to have excessive moral policing and insistence of dress code”, the petition adds.

The Petitioners also reference Quranic verses and Hadith, asserting that wearing the Naqab or Hijab is an essential religious practice and a symbolic expression of their faith.

The petition states that on May 13, 2024, the petitioners attempted to discuss their concerns with the college management and the principal, seeking the withdrawal of the dress code restrictions, but their efforts were unsuccessful.

The petitioners claim that the imposed dress code violates their rights to privacy, freedom of expression, and religious practice. The petition states that the niqab and hijab are integral to the petitioners' religious beliefs and personal identity, and the college's actions amount to an infringement on their bodily autonomy and personal choice. The petition further states that the college's direction for "formal and decent dress" indirectly categorizes hijab and burkha as indecent.

“That, Respondent [College] has indirectly categorised the Nakab, Burka and Hijab as indecent dresses, however, the fact is otherwise. Petitioners' contention is that Nakab, Burka, Hijab, Cap and Stole are decent dresses. More so, as a citizen, it is Petitioners' right to dignity and bodily integrity. Petitioners are comfortable with their dresses i.e. Nagab and Hijab, as a matter of choice and privacy, and do not want to remove it in the classroom.”

The petition states that the petitioners have approached various authorities, including the Chancellor, Vice-Chancellor of the University of Mumbai, University Grants Commission (UGC), Ministry of Higher and Technical Education, and the Ministry of Education, requesting intervention and withdrawal of the dress code, but have received no response.

The petition states that with the academic year set to commence on June 12, 2024, the case is urgent as the dress code will prevent the petitioners from attending classes and pursuing their studies, thereby necessitating immediate judicial intervention.

The petitioners are seeking the quashing of the undated notice and the WhatsApp message dated May 1, 2024, imposing the dress code and declaration that the restrictions on wearing a niqab, burka, and hijab are unconstitutional and not binding on the petitioners.

The petitioners have also sought an interim stay on the notice till the pendency of the petition.

Case Title – Zainab Abdul Qayyum Choudhary & Ors. v. Chembur Trombay Education Society's NG Acharya and DK Marathe College and Ors.