The Bombay High Court on Wednesday said it would pass on June 26 an order on a plea filed by nine students from Acharya and Marathe College in Chembur challenging the institute’s dress code that banned hijabs, among other religious identifiers. A division bench of Justices Atul S Chandurkar and Rajesh S Patil concluded arguments and reserved its order on the plea filed by nine BSc computer science students of the college. The bench will decide on prima facie admissibility and maintainability of the plea on next Wednesday. The dress code, which was to come into effect in the academic year beginning in June, stipulates that burqas, niqabs, hijabs, or any religious identifiers such as badges, caps, or stoles will not be permitted inside the college. Only full or half shirts and trousers are prescribed for boys, while girls can wear “any Indian/western non-revealing dress” on the college campus. Advocate Altaf Khan, representing the petitioners, argued that the college, being affiliated with Mumbai University and aided by the Maharashtra government, has “no power and authority” to issue such “illegal” restrictions. He argued that the dress code did not give “any rationale”. On one hand the girls are asked to wear Indian or western non-revealing dresses, but on the other hand hijabs and niqabs, “absolutely non-revealing Indian dresses”, are not allowed. Khan added that University Grants Commission guidelines were to increase access to higher education to the Scheduled Caste, Scheduled Tribe, OBC, Muslim and other communities and that the National Education Policy promotes inclusivity. Khan submitted that niqabs and hijabs are part of the petitioners’ religious belief and “essential religious practice” as per the Quran and hadith (Prophetic traditions). The college’s restrictions are “impeding their access to education” and should be quashed, he said, seeking that the dress code be stayed pending the hearing. “A woman has the right to bodily integrity and dignity. Whether on college campus or while travelling, she has a right to choose what to wear,” he said. 'Dress code doesn't infringe on fundamental rights' However, senior advocate Anil Anturkar, representing the college management, argued that the dress code was applicable for all unless one shows that wearing certain attire, such as the Sikh turban, is covered under the fundamental right to religion under Article 25 of the Constitution. “We did not create difficulty in studies. We are implementing it (dress code) for everyone and not only Muslims. Will you allow sensitive society like ours to openly disclose and underline that one belongs to a certain religion? It cannot be allowed. In a classroom why do you want this?” he argued. Anturkar further submitted, “Prima facie there is nothing in the petition and fundamental rights under Article 25 of petitioners are not infringed. Janeu (sacred thread), Shiv linga (for the lingayat community), mangalsutra or cross (worn) by Christians are not open to naked eyes. We will also object if tomorrow someone comes in an entire bhagwa (saffron) dress. If you have to come to college, leave everything and study. Are we wrong in saying that? The college management insisted that you should not underline your religious identity, unless you show wearing it is as per your fundamental right to religion like Sikhs, which is not the case in present matter.” Anturkar argued that the petition cannot be entertained because it lacked “bona fide” and was filed for “publicity”. Or else “it will result in disharmony”, he added. After Anturkar said the petitioners had got admission with “full knowledge” of the dress code, Khan said the admission was secured without any prejudice to their rights and contention. The lawyers representing the Government and Mumbai University also challenged the maintainability of the plea.
