Bombay HC Dismisses Plea Challenging Ban Imposed By City College On Wearing Naqab, Burka & Hijab In Classroom

Mumbai: The Bombay High Court on Wednesday dismissed the petition by students challenging the ban imposed by city college on wearing  naqab, burka and hijab in the classroom.  A bench of Justices AS Chandurkar and Rajesh Patil dismissed the petition saying it was not inclined to interfere with the decision of the college. 

The HC was hearing a petition by nine students pursuing their science degree challenging a directive issued by the Chembur Trombay Education Society' s NG Acharya and DK Marathe College imposing a ban on naqab, burka and hijab in the classroom, terming it as “arbitrary, unreasonable, bad-in-law and perverse”. They claimed that such a directive was against their fundamental rights to practice their religion, right to privacy and their right to choice. 

Advocate Altaf Khan, appearing for the petitioners, had submitted certain verses from the Quran to support their claims. He said that the petitioners not only have the right to practice their religion, they also have the right to choice and privacy. 

The college had claimed that its decision imposing a “dress code” restriction on burqa, naqab, hijab, Badge, Cap and Stole on its premises was merely a disciplinary action for uniform dress code and was not against the Muslim Community, as it is sought to be portrayed.

College’s counsel Anil Anturkar opposed the petition claiming that the said the dress code was for all students belonging to every religion and caste. He argued that wearing a hijab, naqab and burqa is not an essential part or practice of Islam.

Khan, however, submitted that some of the girls were in their second or third year of college and were attending classes in the college wearing hijab, naqab and burka. He questioned why the ban was imposed now. He also said the college communication said that the students must wear decent and non-revealing clothes. “So is the college management saying that hijab, naqab and burka are indecent clothing or revealing?” Khan asked. 

Seeking quashing of the notice, the petitioners, who are students of second/ third year college, have said such a directive was “nothing but colourable exercise of power”. 

On May 13, the petitioners approached the college management and principal to urge them to withdraw the restriction on naqab, burka and hijab and allow it “as a matter of right of choice, dignity and privacy in the classroom”. They have also raised their grievance with the chancellor, vice chancellor of the University and United Grant Commission. A grievance / complaint was raised with the State Ministry of Higher and Technical Education and Union Ministry of Education. Failing to receive a positive response, they approached the HC.