Students file writ against hijab ban in Chembur college

Calling the restrictions “arbitrary and unreasonable,” they have argued that the ban is against their right to freedom and expression

Mumbai: Nine BSc students at the N G Acharya and D K Marathe College of Art, Science and Commerce, Chembur, have filed a writ petition in the Bombay high court against the ban on hijab, naqab and burkhas on the college premises. Calling the restrictions “arbitrary and unreasonable,” they have argued that the ban is against their right to freedom and expression as posited in Article 19 (1) of the Constitution. The matter will be heard on June 19.

A hijab-wearing student walks past a worker painting a wall to conceal a pro-hijab slogan written on the wall. Representational Photo.. (PTI Photo)

The students first got news of the degree college’s new dress code rules on May 1. “You shall follow the dress code of the college of formal and decent dress, which shall not reveal anyone’s religion, such as no burkha, no nakab, 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,” said the notice.

“After the rule was introduced, we approached the principal on May 13,” said Nazneen Mazhar Ansari. “At first, she refused to speak to us, and when she did, refused to budge on the rules. That’s when we decided we would go to court to fight for our rights.”

With the backing of a lawyer, the students then wrote on May 27 to the chancellor and vice-chancellor of Mumbai University and the University Grants Commission to “upkeep the spirit of imparting education to all citizens without discrimination”. Following this, they placed their grievance before the state ministry of higher and technical education and central education ministry on June 7.

“Just as the phrase goes ‘Our body, our right’, it is our right to wear the hijab or naqab,” said Ansari. “When we joined this college, we joined it with the intention of completing our degree here. We are not going to leave and compromise on our education.”

“Wearing a hijab or naqab is our religious right,” said Mariyam Jalil Khan, another petitioner. “It is not like it is harming anyone. We make sure our faces are visible so that there is no danger that we are not who we claim to be.”

The new year for the students began on June 12, with lectures beginning on Thursday, June 13. These past two days, Nazreen Tanzim Shaikh and Ansari have been attending lectures. “We are being warned by the teachers that we have to follow the dress code, but till now, they have let us sit in class,” said Shaikh. “As all the students have not joined yet, it is hard to say if women wearing the hijab and naqab have reduced, but they are definitely fewer than there used to be. Some have taken a transfer to Somaiya College, which is further away.”

As the college is close to the Muslim-dominated locality of Govandi, many of the college’s students are Muslims, and a majority wear either the hijab or naqab. The petitioners claimed they had the support of most students.

Khan, who has not yet attended college due to an illness, said she had heard that the professors gave the students an ultimatum. “They will soon not allow us to attend the lectures. When that happens, we will walk out of class,” she said.

What was clear among the students is that they would not bend their fundamental rights to the rules of the college. “We are hopeful that the court will rule in our favour and keep our fundamental rights intact,” said Ansari.