Mumbai. The Bombay High Court dismissed a plea filed by nine students from a Mumbai college challenging the college’s directive banning burqas, niqabs, hijabs, etc. which could reveal the religion of the student.
A Division Bench of Justices AS Chandurkar and Rajesh Patil observed that the directive aimed to prevent the disclosure of a student’s religion, allowing them to focus solely on their education.
“The object behind issuing the same is that the dress of a student should not reveal his/her religion which is a step towards ensuring that the students focus on gaining knowledge and education which is in their larger interest,” the Court said.
Accordingly, the Court determined that it was not inclined to interfere with the decision of NG Acharya and DK Marathe College in Chembur.
The students challenged a notice cum direction instructing them to follow this dress code from the new academic year beginning in June.
“You shall follow the dress code of college of formal and decent dress which shall not reveal anyone’s religion such as no burqa, no niqab, no hijab, no cap, no badge, no stole etc. Only full or half shirt and normal trousers for boys and any Indian/ western non-revealing dress for girls on the college campus. Changing room available for girls,” the notice stated.
Messages outlining the guidelines were circulated by faculty members on WhatsApp groups for second and third-year degree course students.
The petition was filed after the college denied entry to several junior college girls wearing hijab.
Senior advocate Anil Anturkar, representing the college management, argued that the dress code was applicable for all unless one could show that wearing certain attire, such as the Sikh turban, is covered under the fundamental right to religion under Article 25 of the Constitution.
The Court after hearing all parties refused to interfere and rejected the plea.
