Bombay HC dismisses students' plea challenging hijab ban by Mumbai college

The Bombay High Court on Wednesday dismissed the plea filed by women students challenging the ban on wearing hijab, niqab, burkha, stole, cap, etc., on campus by a Mumbai college.

A division bench of Justices A S Chandurkar and Rajesh Patil of Bombay HC refused to interfere in the decision taken by a Mumbai city-based college and dismissed a petition filed by nine female students challenging the college authorities' decision.

Earlier in July, the students who have been studying in the second and third year of a science degree course moved against the directive issued by the Chembur Trombay Education Society's NG Acharya and DK Marathe College imposing a dress code barring the students from wearing hijab, niqab, burkha, stole, cap, etc. inside the premises.

The petitioners claimed such a directive was against their fundamental rights to practice their religion, right to privacy, and right to choice.

The plea termed the college's action as "arbitrary, unreasonable, bad-in-law and perverse".

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.

Earlier, the college authorities claimed that the decision was merely a disciplinary one and was not against the Muslim community.

Senior counsel Anil Anturkar, appearing for the college management, said the dress code was for all students belonging to every religion and caste.

The girls, however, claimed in their plea that such a directive was "nothing but colourable exercise of power".