Hijab ban in Mumbai college explained: Supreme Court to hear plea on Aug 9

Chembur Trombay Education Society's N G Acharya and D K Marathe College introduced a new dress code banning religious attire and religious identifiers within the college premises

The Supreme Court of India will hear a plea on August 9 challenging a Bombay High Court verdict that upheld a Mumbai college’s ban on wearing ‘hijab’, ‘burqa’, and ‘naqab’ on campus. This decision comes amid concerns from students about the impact of the dress code on their education, particularly as term exams commence.

The Supreme Court’s decision to hear the plea follows an urgent request from lawyer Abiha Zaidi, representing the petitioners, including student Zainab Abdul Qayyum. The petitioners argue that the ban disproportionately affects minority community students and hinders their educational experience.

What is the college’s dress code policy?

In May this year, the Chembur Trombay Education Society’s N G Acharya and D K Marathe College introduced a new dress code. This policy, which took effect in June, prohibits religious attire such as burqas, niqabs, hijabs, and any religious identifiers like badges, caps, or stoles within the college premises.

 

How did the college justify the hijab ban?

The college argued that the dress code is intended to maintain discipline and achieve uniformity among students, thereby avoiding the disclosure of religion. The college also said that the dress code ensures a focus on academics without religious distinctions.

The college’s stance is supported by a Karnataka High Court ruling, which stated that wearing hijab or niqab is not an essential practice of Islam.

Nine students file petition challenging hijab ban

Nine female students from the college challenged the dress code in the Bombay High Court, labelling it as arbitrary and discriminatory. They argued that the hijab and niqab are integral to their religious beliefs, as per the Quran and Hadith, and that the college’s restrictions impede their access to education.

The students claimed that their fundamental rights to freedom of expression and religion, under Articles 19(1)(a) and 25 of the Indian Constitution, were being violated. They also contended that the college’s decision contradicted the University Grants Commission’s (UGC) regulations aimed at promoting equity in higher education.

Bombay High Court upheld dress code

On June 26, the Bombay High Court upheld the college’s dress code, ruling that it does not violate the students’ fundamental rights. Residing over the case, Justices Atul S Chandurkar and Rajesh S Patil noted that the dress code serves the larger academic interest by preventing the disclosure of students' religious affiliations and maintaining discipline.

Key points of Bombay HC rulings were:

>Uniformity and discipline: The court supported the college’s objective to maintain discipline and uniformity, which is considered part of the institution’s right to establish and administer educational facilities.

>Fundamental rights: The court found that the dress code did not violate the students’ fundamental rights to choice and privacy. It emphasised that the dress code is mandatory only within the college premises and does not otherwise affect the petitioners' freedom of choice an

>Regulatory compliance: The court dismissed the argument that the dress code violates UGC regulations, Rashtriya Uchhastar Shiksha Abhiyan, and the National Education Policy, stating that these guidelines promote a non-discriminatory atmosphere in higher educational institutions.

Supreme Court hearing on August 9

The petitioners have now taken their challenge to the Supreme Court, which will hear their plea on August 9. The plea will be heard by a bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra.

The petitioners’ lawyer, Abiha Zaidi, emphasised the urgency of the matter as the unit tests in the college are commencing.

They continue to argue that the dress code infringes on their rights to choice and privacy, and is not aligned with UGC regulations that aim to promote non-discrimination in higher education. The top court's decision on this matter could have significant implications for educational institutions across India regarding dress codes and religious expression.

[With inputs from agencies]