The Bombay High Court on Wednesday declined to intervene in a decision taken by NG Acharya and DK Marathe College, a city-based institution, to ban the wearing of hijabs, burkas, and naqabs on its premises. The ruling was delivered by a division bench comprising Justices A S Chandurkar and Rajesh Patil, who dismissed a petition filed by nine female students enrolled in the second and third years of a science degree course.
Earlier this month, the students filed their petition in the HC against a directive issued by the Chembur Trombay Education Society's NG Acharya and DK Marathe College that enforced a dress code prohibiting the donning of hijabs, naqabs, burkas, stoles, caps, and badges within the campus.
The petitioners claimed the new dress code policy violated their fundamental rights to practice their religion, privacy, and choice. According to news agency PTI, the plea described the college’s action as "arbitrary, unreasonable, bad-in-law, and perverse.”
Altaf Khan, the advocate representing the students, submitted versus from the Quran to the court last week that highlighted their claim that wearing the hijab is an essential part of Islam. They were also relying on their right to practice their religion; the petitioners were also asserting their rights to personal choice and privacy in their opposition to the college's decision.
In its defence, the college maintained that the ban was a disciplinary measure aimed at enforcing a uniform dress code and was not intended to target the Muslim community. Senior counsel Anil Anturkar, representing the college management, stated that the dress code applied to all students, regardless of their religion or caste.
The students contended that the directive constituted a "colorable exercise of power." Initially, they had requested the college management and principal rescind the restriction, arguing it infringed upon their rights to choice, dignity, and privacy in the classroom. The students 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 filed a petition with the High Court, which has now been dismissed.