Bombay HC upholds Chembur college ban on hijabs, niqabs

Students, in their petition argued that the directive, issued via the college's WhatsApp group, infringed upon their fundamental rights to life and religion

Mumbai: The Bombay High Court on Wednesday upheld an indirect ban on hijabs and niqabs at a college in Chembur, dismissing a petition filed by nine Muslim students who had challenged the institution's new dress code.

The students had initially sought redress from college authorities, the University of Mumbai, and the University Grants Commission. Representational Image. (AP)

The division bench of Justice AS Chandurkar and Justice Rajesh Patil ruled in favour of the Chembur Trombay Education Society's NG Acharya and DK Marathe College, which had introduced restrictions on religious headwear earlier this year.

The students had initially sought redress from college authorities, the University of Mumbai, and the University Grants Commission before turning to the court. Their petition argued that the directive, issued via the college's WhatsApp group on 1 May, infringed upon their fundamental rights to life and religion by requiring them to remove their head coverings before attending classes.

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

Khan also highlighted what he perceived as inconsistencies in the dress code, which allows "decent western clothing" but prohibits hijabs and niqabs. "I don't understand anything about the impugned instructions. As Indians, they can wear western dress. It's absurd that they cannot wear hijab or niqab, which are very much Indian," he argued.

The college, however, maintained that the dress code aimed to establish a uniform standard for all students, regardless of their religious background. It contended that wearing hijabs or niqabs was not an essential part of Islam and therefore did not warrant permission on campus.

The college's counsel emphasised that the restrictions were necessary to ensure decency and uniformity within the premises. "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," he argued.

The lawyer further asserted that allowing such displays could cause disharmony. "If tomorrow a student comes dressed in full 'bhagwa' 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 questioned.

The dress code, which came into effect this year, imposes a ban on hijabs, niqabs, burkas, stoles, caps, and badges. The court's decision to uphold the ban is likely to fuel ongoing debates about religious expression in educational institutions across India.