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MUMBAI: A Mumbai college on Wednesday argued before the Bombay High Court that the ban on hijab, niqab and burqa on its campus was only to enforce a uniform dress code and was not aimed at targeting the Muslim community. Last week, nine girl students had challenged in the high court the directive issued by Chembur Trombay Education Society’s N.G. Acharya and D.K. Marathe College to enforce a dress code banning hijab, niqab, burqa, stole, cap and any kind of badge.
The petitioners – second and third year science degree students – said the rule violates their fundamental right to practice religion, right to privacy and right to choice. They claimed the college’s action was arbitrary, unreasonable, wrong in law and perverse. A division bench of Justices A.S. Chandurkar and Rajesh Patil on Wednesday asked the petitioners’ counsel as to which religious authority says that wearing hijab is an essential part of Islam.
The court also asked the college management whether it has the right to impose such a ban. After hearing the arguments of both the parties, the court said that it will pass the order on June 26. Petitioners’ lawyer Altaf Khan cited some verses of the Quran in support of his arguments. He said that apart from the right to follow their religion, the petitioners are also relying on their right to choice and privacy.
Senior advocate Anil Anturkar, appearing for the college, said that the dress code is for students of every religion and caste. He argued, this is not an order against Muslims only. The dress code ban is for all religions. This is so that students do not have to roam around openly revealing their religion. People come to college to study. Let the students do this and focus only on that and leave everything else outside.
Lawyer argued – Wearing hijab, niqab or burqa is not an essential part or practice of Islam
Lawyer Anturkar argued that wearing hijab, niqab or burqa is not an essential part or practice of Islam. He further said, if tomorrow a girl student comes wearing full saffron clothes, the college will oppose that too. Why is it necessary to openly display one’s religion or caste? Will a Brahmin roam around wearing his sacred thread (Janeu) over his clothes?
The lawyer argued that the college management is providing a room where the girl students can remove their hijabs before going to classes. On the other hand, lawyer Khan argued that till now the petitioner and many other girl students used to come to classes wearing hijab, niqab and burqa and this was not an issue.
He asked, what happened suddenly now? Why was this ban imposed now? The dress code instruction says to wear decent clothes. So is the college management saying that hijab, niqab and burqa are indecent clothes or revealing clothes? The petition said that before approaching the court, they had approached the Chancellor and Vice-Chancellor of Mumbai University and the University Grants Commission (UGC) seeking their intervention to maintain the spirit of providing education to all citizens without any discrimination, but did not receive any response.
