Six female Muslim students in the second and third year of their Bachelor's degree, studying in Mumbai's NG Acharya and DK Marathe College, were forced to drop out after the university administration imposed a dress code banning students from wearing a burqa, niqab and hijab on campus.
Nine students had filed a petition in the Bombay High Court against the college's decision last month.
A circular, issued on May 1, implementing the dress code stated, “Dear students of SY and TY, admissions for next academic year 2024-25, will soon begin in online mode. Be prepared to take admission. For the academic year starting June 2024, a dress code applies to all students. You must wear only formal and decent dress in college. You can wear a full shirt or half shirt, or normal trousers. Girls can wear any Indian dress."
"Burqa, niqab, hijab or any part of dress which reveals religion like badge, cap, stole is to be removed as soon as you come, by going to common room on the ground floor which is beside the dept of chemistry. And then only you shall move around the college. One day in a week, on Thursday, there must be relaxation in the dress code, however maintaining decency in dress will be a must," the notice read.
On June 27, the Bombay High Court ruled in favor of the dress code policy stating that the instructions issued by the college were “applicable to all students irrespective of their caste, creed, religion or language”, and so they did not violate guidelines of the University Grants Commission (UGC). The decision is “in larger academic interest," the court stated.
Following the court’s verdict, six of the students enrolled in various BSc courses, including BSc Computer Science programs have left the college. Some of the students have not been able to secure admission anywhere else which has hampered their current academic year.
Meanwhile, three of the nine students remain enrolled in the college located in Chembur but have not been attending lectures.
Advocate Altaf Khan, who represented the students said that the college’s dress code was discriminatory and violated their rights guaranteed under Articles 14 (Right to Equality), 19 (Right to Freedom), 21 (Right to Life and Liberty), 25 (Freedom of Religion), 26(right to manage its own affairs in the matters of religion), and 29 (Protection of interests of minorities) of the Indian Constitution.
He further noted that other religious symbols, such as pendants, bindis, teekas and even religious threads on the wrist and neck and even turbans, are all allowed in the classroom, making the hijab ban selectively discriminatory.
"Our fight was to get the college management to allow us to wear the burqa and hijab on the campus. Now that the court’s verdict is in, we have no hope. Tomorrow other colleges will follow suit, where will we go? Burqa is part of our life and banning and restricting us from wearing it on the campus is an attack on our religious freedom,” a 19-year-old third-year student was quoted by Mumbai's Mid-Day newspaper.
“I haven’t taken admission anywhere else yet. Yes, it will be a huge loss as this will be my dropout year. Had this chaos over the burqa not happened, I would have completed my graduation peacefully. Sadly, an educational institute is depriving us of education by imposing such dress codes. Even other students know this is wrong, but no one wants to speak up fearing backlash," she added.
“I have managed to get admission to another college, however, now this thing has become a fear. The fear of facing a ban in whichever college I join. We wear a burqa, it is a religious practice, it is our choice. Is it so difficult to respect our choice? We were really hoping to fight this injustice and be able to go to college again. However, nobody helped us. The court was misled by showing how the ban was for everyone," another student told the paper.
“As an educational institution we never intended or asked them to leave, they left the college by their choice. We enforce this dress code strictly to maintain discipline and respect within the institution,” she said, adding that students with inappropriate attire are also sent home," Dr Vidyagauri Lele, principal of Acharya-Marathe College, confirmed that some girls who challenged the dress code in the high court have left, with some securing admission in a Bandra college.
“We have repeatedly stated that any religious attire will not be allowed on campus. These students were allowed to wear burqas and niqabs in common rooms but not in classrooms, the canteen, or anywhere else on campus. This policy promotes cultural harmony. I would also like to point out that those nine girls are not the only Muslim students in the college. Many Muslim students currently study here and have accepted and are following the dress code,” the principal of the college said.
