Breaking | Bombay High Court Dismisses Plea Against Hijab Ban By Mumbai's NG Acharya & DK Marathe College Authorities

The Bombay High Court on Wednesday dismissed the plea filed by nine female students challenging the dress code prescribed by the authorities of a Mumbai college, prohibiting students from wearing hijab, nakab, burkha, stole, cap, etc., on campus.

A division bench of Justice AS Chandurkar and Justice Rajesh Patil said in open Court, "For the aforesaid reasons, we are not inclined to interfere." A detailed judgment copy is awaited.

During the hearing last week, the college submitted that the purpose of banning these items is to avoid the display of religious symbols, except for those considered part of the fundamental right to religion, such as the turban for Sikhs. Senior advocate Anil Anturkar, representing the college, explained that the ban applies to all religious symbols and is not targeted at Muslims. He emphasized that the college's policy is to prevent the open display of religious symbols unless they are essential under fundamental rights to religion.

Advocate Altaf Khan, representing the petitioners, distinguished this case from the Karnataka High Court judgment on the hijab ban in junior colleges, noting that this case concerns senior college students who have a dress code but not a uniform. Khan argued that the dress code was imposed via WhatsApp without any legal authority, contrasting it with the Karnataka case where a pre-existing uniform policy was enforced. He claimed the dress code violates the petitioners' right to choice, bodily integrity, and autonomy.

Anturkar maintained that the dress code applies to all students, not just Muslims, and challenged the petitioners to prove that wearing hijab is an essential religious practice in Islam. He argued that students should focus on studying and not display religious symbols. Anturkar further stressed that the petitioners were aware of the dress code when they took admission. He also noted that in the future, if someone wears other religious symbols like a gada (mace) or bhagwa (saffron) clothes, the college will object as well.

The university's counsel questioned the maintainability of the writ petition, noting that unlike in Karnataka, where a government order on the hijab ban was challenged, this case does not involve a State instrumentality.

In his rebuttal, Khan stated that the petitioners had been wearing hijabs for two years without causing any disharmony and questioned the sudden claim of disharmony. He argued that the ban violates Articles 19 and 21 and the Puttaswamy judgment on the right to privacy. Khan emphasized that the case addresses the petitioners' grievances specifically, not any larger public interest. He argued that the hijab is also Indian and that the dress code lacks rationale.

Khan cited various guidelines and policies aimed at increasing access to education for students from SC, ST, OBC, and Muslim communities, arguing that the dress code impedes access to education. He maintained that the ban violates Articles 19 and 21 as well as the Puttaswamy judgment.

The petitioners, students of NG Acharya and DK Marathe College of Art, Science and Commerce 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. 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 petitioners argue that these instructions are illegal, arbitrary, and unreasonable, contending 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.

Case no. – WP(L)/17737/2024 [Original]

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

Click Here To Read/Download Judgment