Student appeal denied to Ban Hijab on college campus for equal representation

The Bombay High Court made a significant observation on Wednesday, stating that the dress code banning students from wearing hijab, nakab, burka, stole, cap, etc., on the campus of a Mumbai college is in the students' larger academic interest.

A division bench consisting of Justice AS Chandurkar and Justice Rajesh S Patil, while rejecting a writ petition against the dress code by nine female students of NG Acharya and D. K. Marathe College of Art, Science, and Commerce, delivered this observation.

The court cited the Full Bench decision of the Karnataka High Court in Resham v. State of Karnataka, which upheld a government order establishing a dress code that excluded hijabs. In that particular case, the Karnataka High Court had ruled that the dress code was aimed at treating students as a unified group to uphold constitutional secularism and was not in violation of any fundamental rights.

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"We agree with the perspective expressed by the Full Bench that the introduction of a dress code is intended to bring about uniformity among students in the school/college in order to maintain discipline and prevent the ostentatious display of one's religion," the court declared.

The Karnataka High Court judgment is currently under challenge in the Supreme Court following a split verdict delivered by a division bench in October 2022.

Students, who are in their second and third year of undergraduate courses, raised concerns about the dress code's restriction on hijab, nakab, burka, stole, caps, etc., arguing that it violates their fundamental rights. They claimed that the dress code is arbitrary and discriminatory, infringing upon their rights to choose their attire, privacy, and expression, as well as their freedom of religion. On the other hand, the college defended the dress code, stating that it applies equally to all students and is intended to maintain discipline and prevent the disclosure of students' religious identities through their attire.

During the proceedings, the court took note of the college's denial of issuing any WhatsApp message on May 1, 2024, and considered it unnecessary to further examine the matter. The court also referred to previous judgments, including the Fathema Hussain v. Bharat Education Society and Ors. (2003) case, where a similar challenge to a headscarf prohibition was dismissed by the Bombay High Court.

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The court emphasized that the dress code applies to all students, regardless of their caste, creed, religion, or language, and also upheld the college's right to manage its institution, including prescribing a dress code, as per the Constitution. Additionally, the court ruled that the college's dress code did not violate UGC Regulations and other educational policies aimed at promoting non-discriminatory environments.

Furthermore, the court rejected the petitioners' argument that wearing a hijab or nakab is an essential religious practice due to insufficient evidence to support this claim.

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