Bombay HC refuses to interfere in hijab ban at city college, citing "No violation of fundamental rights of students"
The court stated that, as per the dress code student should wear something formal that does not reveal their religion
Bombay High Court on Wednesday, refused to interfere in a college’s decision to hijab ban, naqab and burkha on its premises. The court stated that this decision does not violate any fundamental rights of the students. Additionally, the court affirmed that colleges have the right to enforce a uniform dress code that applies equally to all students, regardless of their caste or religion.
A bench comprising Justices AS Chandurkar and Rajesh Patil heard a petition filed by nine female students challenging a directive from Chembur Trombay Education Society’s NG Acharya and DK Marathe College. The directive banned the wearing of hijabs, naqabs, burkas, stoles, caps, and badges in the classroom. The petitioners termed it as “arbitrary, unreasonable, bad-in-law and perverse”. They claimed it violated their fundamental rights to religious practice, privacy, and personal choice.
The court rejected their petition, stating it did not intend to intervene in the college’s decision. The court rejected their claims, that “wearing a hijab, naqab and burka was an essential practice of their religion.” The court said their plea lacked enough detailed statements to support their case.
Court Upholds College’s Hijab Ban
According to the judges, “the dress code as prescribed cannot be held to violate the petitioners’ rights claimed under Article 19(1) (a) (freedom of speech and expression) and Article 25 (freedom to practice religion) of the Constitution of India”.
Rejecting their claims the court said, “Except for stating that the same constitutes an essential religious practice on the basis of the English translation of Kanz-ul-Iman and Suman Abu Dawud, there is no material placed to uphold the petitioners’ contention that donning of Hijab and Nakab is an essential religious practice. The contention in that regard therefore fails.”
The bench said the college was prescribing a dress code which is their Fundamental right. “The regulation of such a dress code has to be treated as an exercise towards maintaining discipline at the Institution. This right flows from the recognized fundamental right to establish and administer an educational institution under Article 19(1)(g) and Article 26 of the Constitution of India.”
The court appreciated the motive behind the college’s instructions saying it intended that the student’s religion is not revealed. “The intention behind the dress code is to ensure that a student’s religion is not revealed, aiming for the larger academic interest of the students as well as for the administration and discipline of the college,” the bench said.
“This is for the reason that students are expected to attend the educational institution to receive appropriate instructions for the advancement of their academic careers,” the bench added.
The court stated that, as per the dress code student should wear something formal that does not reveal their religion.
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