‘Larger academic interest doesn’t violate rights’: Bombay HC dismisses students’ plea against Chembur college dress code banning hijab

“The object behind issuing the same is that the dress of a student should not reveal his/her religion which is a step towards ensuring that the students focus on gaining knowledge and education which is in their larger interest,” it added.

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.

A division bench of Justices Atul S Chandurkar and Rajesh S Patil on June 19 concluded arguments and reserved its verdict on the plea filed by nine BSc Computer Science students of the college.

Advocate Altaf Khan, representing the petitioners, had 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. Khan had said that University Grants Commission (UGC) 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 (NEP) promotes inclusivity.

However, the bench held that such submissions did not support the petitioners’ case as “the Instructions issued by the College are applicable to all students irrespective of their caste, creed, religion or language.” It added, “In fact, the instructions seek to prevent students from disclosing their religion through their dress.”

Senior advocate Anil Anturkar, representing the college management, had 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.

Justice Chandurkar for the bench also observed that pleadings to support the claim that “donning of a Hijab or Niqab is an essential religious practice of petitioners (as per the Quran and Hadith-Prophetic traditions) are insufficient” and except for English translation of Kanz-ul-Iman and Suman Abu Dawud, there is no material was placed to support the same.

The judges noted that it was in agreement with the view expressed in a 2022 verdict of full bench Karnataka HC in hijab ban case which had held that “prescription of a dress code is intended to achieve uniformity amongst students in the school/college so as to maintain discipline and avoid disclosure of one’s religion”.

“The object behind prescribing the dress code is evident from the Instructions since they state that the intention is that a student’s religion ought not to be revealed. It is in the larger academic interest of the students as well as for the administration and discipline of the College that this object is achieved,” the bench noted.

“This is for the reason that students are expected to attend the educational institution to receive appropriate instructions for advancement of their academic careers. The insistence for following the dress code is within the college premises and the petitioners’ freedom of choice and expression is not otherwise affected,” it said, adding that even a changing room has been provided for girl students.