Nine students have moved the Bombay High Court, challenging the college administration’s ban on niqabs, burqas, and hijabs.
Facts of the Matter
The petitioners in this case received a dress code through a WhatsApp group that imposed a ban on niqabs, burqas, and hijabs. The controversial notice read as follows: “You shall follow the dress code of the college for formal and decent dress, which shall not reveal anyone’s religion, such as no burqa, no nakab, no hijab, no cap, no badge, no stole, etc. Only full of half shirt and normal trousers for boys and any Indian/ western non-revealing dress for girls on the college campus. “
This message was circulated by faculty members on WhatsApp groups for second and third year degree course students. These guidelines are set to take effect in the new academic year, starting in June 2024.
Petitioner’s Contentions
Students from Mumbai’s NG Acharya and D. K. Marathe College of Arts, Science, and Commerce have filed the petition. The petitioners assert that they previously raised concerns about this issue with the chancellor, vice chancellor, and even the University Grants Commission but received no response. Consequently, they have approached the Bombay High Court regarding this matter.
The students argue that the burqa, hijab, niqab, and cap are integral parts of their religion, and such dress codes violate their fundamental rights. The petition even argues that the ban on burqa, hijab, and niqab is inherently discriminatory, especially since similar restrictions are not imposed on items like bindi, teeka, rakhi, etc. The plea also seeks relief from the Court, requesting a ruling that the contested notification is “arbitrary and lacks legal authority.”
A division bench comprising Justices AS Chandurkar and Rajesh Patil is scheduled to hear the plea on June 18.
