The Bombay High Court on Wednesday (June 26) dismissed a petition filed by nine female students of NG Acharya and TK Marathi College in Chembur challenging the college’s dress code banning hijabs.
The Bombay High Court expressed “full agreement” with the 2022 judgment of the Karnataka High Court’s full bench upholding the state government’s hijab ban in government colleges.
Dress code rules
Chembur College had issued a new dress code rule in May this year, which was to come into effect for the academic year starting in June. Last August, the college saw controversy after several hijab-wearing junior college girls were denied entry on charges of not conforming to the prescribed uniform.
The new dress code clearly states that burdha, niqab, hijab or any religious symbols like badges, caps or stoles will not be allowed inside the college. The dress code prescribed half and full shirts with pants for men and “all Indian/Western clothing that is not revealing”.
Students’ argument, management’s response
Nine aggrieved women approached the High Court, claiming that the college’s instructions were “arbitrary and discriminatory”. They said the college had “no authority” to issue such restrictions, and argued that niqab and hijab are an “essential religious practice” according to the Quran and hadith.
The students said the college’s restrictions “impede their access to education” and violated their fundamental rights under Article 19(1)(a) (right to freedom of expression) and Article 25 (right to freedom of religion) of the Constitution. They also alleged that the University Grants Commission (Increasing Equity in Higher Education Institutions) Regulations, 2012 to increase access to higher education for SC, ST, OBC and minority communities.
However, the college administration argued that the dress code applies to all students across religious and social differences. The college administration said the intention behind the rules was to prevent students from expressing their religion and took into account the Karnataka High Court’s 2022 judgment which said that wearing hijab or niqab is “not an essential religious practice” for Muslim women. The college said it was an internal matter and part of its right to maintain discipline.
Bombay High Court Verdict
A division bench comprising Justices Atul S Chandurkar and Rajesh S Patil held that the dress code imposed by the college was “in the interest of education” and was “not violative of the provisions of Article 19(1) (a) and Article 25 of the Constitution.”
“The intention behind its provision is that a student’s dress should not reveal his religion, which is a step to ensure that students focus on acquiring knowledge and education in their larger interest,” the bench said.
Rejecting the claim that “wearing hijab or niqab is an essential religious practice of the petitioners”, the bench said there was no other evidence to support the claim other than the English translations of Qanzul Iman and Sunan Abu Dawud (Hadith Collection).
The bench said they did not violate University Grants Commission guidelines as “these instructions are applicable to all students irrespective of caste, religion, race or language”. Between the competing rights of a student to choose the dress of his choice and an institution to maintain discipline on its campus, the bench said that an individual cannot seek to impose his rights against the ‘larger rights’ of the college.
“Students are expected to visit the educational institution to get proper instruction for the advancement of their academic career. “The insistence on following the dress code is within the college premises and the freedom of choice and expression of the petitioners is not affected,” the bench said.
Agreeing with the judgment of Karnataka High Court
Justice Chandurkar, who wrote the judgement, expressed “full agreement” with the view expressed by a full bench of the Karnataka High Court in 2022 that “the prescription of dress code is aimed at achieving uniformity among students in school/college, i.e. to maintain discipline and avoid expression of one’s religion,” said the Karnataka High Court. The court said.
“The prescribed dress code for all students is to treat them as a homogenous class to serve constitutional secularism,” the Karnataka High Court said.
However, a petition has been filed in the Supreme Court against this decision. In October 2022, a two-judge bench delivered a dissenting judgment in the case, which has now been referred to a larger bench. The judgment of the Bombay High Court will also be followed up before the Supreme Court in due course.
