Bombay High Court Upholds DK Marathe College’s Dress Code, Dismisses Challenge Against Hijab, Burka, and Naqab Ban.
The Bombay High Court declined to intervene in a decision made by NG Acharya and DK Marathe College, located in the city, to enforce a ban on wearing hijabs, burkas, and naqabs on its premises. A division bench comprising Justices A S Chandurkar and Rajesh Patil dismissed a petition filed by nine female students from the second and third years of a science degree course. The students had approached the HC earlier this month challenging a directive from the Chembur Trombay Education Society’s college that imposed a dress code prohibiting the wearing of hijabs, naqabs, burkas, stoles, caps, and badges within the campus.
The petitioners argued that the college’s new dress code policy infringed upon their fundamental rights to religious practice, privacy, and personal choice. According to news agency PTI, their plea characterized the college’s actions as “arbitrary, unreasonable, illegal, and unjust.”
Advocate Altaf Khan, representing the students, presented verses from the Quran to the court last week, emphasizing that wearing the hijab is a fundamental tenet of Islam. The petitioners also asserted their right to religious practice, as well as their rights to personal choice and privacy, in opposition to the college’s decision.
In its defense, the college maintained that the ban was a disciplinary measure intended to enforce a uniform dress code and was not aimed specifically at the Muslim community. Senior counsel Anil Anturkar, representing the college management, clarified that the dress code applied uniformly to all students, irrespective of their religion or caste.
The students argued that the directive represented an abuse of power. Initially, they had urged the college management and principal to revoke the restriction, asserting that it violated their rights to freedom of choice, dignity, and privacy in the educational setting. Additionally, the students sought intervention from the chancellor and vice chancellor of Mumbai University, as well as from the University Grants Commission, to ensure fair educational practices free from discrimination.
Failing to receive a response to their concerns, the students filed a petition with the High Court, which has since been dismissed.
