The Bombay High Court on June 19 heard the petition of women students who moved the High Court challenging a directive issued by their college imposing a ban on headgears such as, hijab, burka, stoles, caps, naqab or any kind of badges in the classroom. The court also heard the arguments presented by the college defending the notification on dress code. After hearing arguments from both sides, the judges bench said that the order into the matter will be passed on June 26.
Nine second- and third-years students of B.Sc and B.Sc Computer Science programs from Mumbai’s Chembur Trombay Education Society’s N. G. Acharya & D. K. Marathe College of Art, Science and Commerce college had approached the high court on June 14 challenging a recently implemented dress code by the college authorities claiming that the new dress code violates their fundamental rights to privacy, dignity and religious freedom to choose what to wear.
Appearing for the institution, senior counsel, Advocate Anil Anturkar maintained that the dress code applies for all students and not just meant for one religion. “This is not an order against Muslims alone and it is not only in the case of Muslims as sought to be indirectly suggested by them. It is for all. The college says that you should not disclose religious symbols. Can they show any judgement that says prima facie that hijab is essential? The idea is not that you should not wear it. The idea is that you should not show it openly, unless it is part of fundamental right to religion, such as wearing a turban for Sikhs. This is so that students need not openly roam around disclosing their religion. People come to college to study. Let the students do that and focus only on that and leave everything else outside.”
Mr. Anturkar further argued and said, “In the future if a student comes dressed in full ‘bhagwa’ (saffron) clothing, or gada (mace), the college will oppose that too. Will a Brahmin roam around with his sacred thread outside his clothes? The college management is providing a room where students can change out of their hijabs before going to classrooms. The point is, in a sensitive country like India, is it alright to allow students openly disclose their religious identity or community?”
On petitioners point of freedom of choice, Mr. Anturkar argued, “After the Puttaswamy judgment on privacy everyone thinks that they can do anything.” “Someone who advocates nudism will then say that I have a right to come nude to the court. It is easy to say it is my choice. The petitioners were aware of the institution’s dress code at the time of admission.”
Representing the petitioner’s side, advocate Altaf Khan stressed that the case is purely to address the students’ grievances and not for publicity. “This is about rights of the petitioners in this writ petition specifically. Mr. Anturkar claims that wearing hijab will cause disharmony. Where is this overnight disharmony coming from? The petitioners have been wearing hijab in the college for two years. What happened suddenly and why is the ban suddenly imposed now? This is a violation of Article 19, 21 and Puttaswamy judgment about the right to privacy. Here the prejudice is happening to the students. The instructions by the college say for girls it is Indian or western non-revealing dress. Hijab and niqab are absolutely non-revealing and are very much Indian. I cannot find any theme in the instructions. It is absurd to say Indian dresses are not allowed but western dresses are allowed. This directive is nothing but colourable exercise of power.”
Pointing out the Karnataka High Court judgment on hijab ban on junior colleges, Mr. Khan said that judgement was specifically with the issue of the hijab but this case mentions head gears such as nakab, caps etc. And argued that this dress code is violative of the petitioners’ right to choice, bodily integrity and autonomy. “Students coming from SC, ST, OBC and Muslim communities do not have access to higher education. This instruction is impeding access to education”
Hearing both the arguments, a division bench of judges, Justice A.S. Chandurkar and Justice Rajesh Patil questioned both the parties. To the petitioners’ lawyer the court asked, which religious authority says that wearing a hijab is an essential part of Islam and to the college management the judges asked whether they have the authority to impose such a ban at the campus? The court has reserved the order and said that the order will be passed on June 26.
Published - June 20, 2024 04:22 am IST
