HC upholds ban on hijab, burqa, niqabs in Chembur college

MUMBAI: The Bombay high court on Wednesday dismissed a petition filed by nine female students of NG Acharya and DK Marathe College in Chembur, who had challenged their college dress code banning hijabs, niqabs, burkas, stoles, caps, and badges.

The division bench, comprising justices AS Chandurkar and Rajesh Patil, upheld the college’s authority to enforce the dress code, saying the objective behind it was to ensure that students’ clothes “should not reveal his/ her religion, which is a step towards ensuring they focus on gaining knowledge and education”.

The court referenced past rulings and affirmed the college’s right to administer and maintain uniformity, saying, “Instructions have been issued by the college administration in exercise of its right to administer the educational institution under Article 19(1)(g) and Article 26 of the Constitution.”

During the previous hearing, the college had argued that wearing hijabs or niqabs was not an essential part of Islam and, therefore, did not need to be permitted on campus.

In their petition, the students claimed that the directive, issued via their college WhatsApp group, required them to remove their head coverings before attending class, violating their fundamental right to life and religion. They argued that the directive was arbitrary, unreasonable, and legally perverse.

Senior counsel Anil Anturkar, representing the college, said the restrictions were necessary to ensure decency and uniformity within the college premises. He emphasised that the college’s policy aimed to prevent students from openly displaying their religious identities unless it was proven to be an essential religious practice.

“People come to college to study. Let the students do that and leave everything else outside,” Anturkar said. “If tomorrow a student comes dressed in full bhagwa (saffron) clothing, the college will oppose that too. Why is it necessary to openly disclose one’s religion or caste? Will a Brahmin roam around with his sacred thread outside his clothes,” he asked.

Anturkar also argued that the students’ petition was not bonafide, but was filed solely for publicity. “I am implementing it for everybody. What’s the objection?” he said, adding that allowing such displays could cause disharmony.

Advocate Altaf Khan, representing the students, questioned why hijabs and niqabs were suddenly causing disharmony. “Most of the petitioners have been donning the attire for over two years. Now what happened suddenly? Why was this ban imposed now? The dress code says wear decent clothes. So, is the college management saying that hijabs, niqabs, and burkas are indecent clothing or revealing?”

Khan had also criticised the perceived inconsistency in the college’s dress code, which allows western clothing but bans hijabs and niqabs. “I don’t understand anything about the impugned instructions. As Indians, they can wear western dresses. It’s absurd that they cannot wear hijab or niqab, which are very much Indian.”

After hearing both sides, the court concluded that the petitioners had failed to produce sufficient evidence to prove that wearing a hijab was an essential religious practice. “While the right to religious freedom is paramount, it must be balanced against institutional regulations necessary for maintaining order and educational atmosphere,” the court noted. There was no violation of students’ fundamental right to expression as “the restriction on attire is a reasonable restriction in the interests of maintaining discipline and ensuring an academic environment conducive to learning,” it further said.

In conclusion, the court emphasised that institutions have the autonomy to frame rules ensuring academic discipline and decorum, which includes prescribing a dress code that promotes an inclusive environment. The court agreed with the precedent set by the Karnataka high court, saying, “We are in respectful agreement with the view expressed by the full bench that prescription of a dress code is intended to achieve uniformity amongst students in the school/ college so as to maintain discipline and avoid disclosure of one’s religion.”