Nine girl students from Chembur Trombay Education Society' s NG Acharya and DK Marathe College have approached the Bombay High Court challenging the college’s directive imposing a ban on naqab, burka and hijab in the classroom, terming it as “arbitrary, unreasonable, bad-in-law and perverse”.
A bench headed by Justice AS Chandurkar will hear the petition next week.
According to the petition filed through advocate –, on May 1, a Notice cum message was circulated on the college WhatsApp group of faculty and students imposing a “dress code” restriction on burqa, nakab, hijab, Badge, Cap, Stole.
Seeking quashing of the notice, the petitioners, who are students of second/ third year college, have said such a directive was “nothing but colourable exercise of power”.
On May 13, the petitioners approached the college management and principal to urge them to withdraw the restriction on naqab, burka and hijab and allow it “as a matter of right of choice, dignity and privacy in the classroom”. They even sent emails to the colleged voicing their objection to the diktat.
They have also raised their grievance against the notice with the chancellor, vice chancellor of the University and United Grant Commission requesting their intervention “to upkeep the spirit of imparting education to all citizens without discrimination”. A grievance / complaint was raised with the State Ministry of Higher and Technical Education and Union Ministry of Education.
Failing to receive a positive response, they approached the HC stating that the academic year for 2024-25 shall commence and due to the restriction they shall not be allowed to enter into the classroom.
The plea contends that the college has issued such a notice without “authority of law” and is “arbitrary, unreasonable, bad-in-law, perverse, null and void” and urged the HC to quash the same. Also, the college has not explained under which provision of law was the notice issued.
“That the Naqab and Hijab are integral part of Petitioners' religious belief. That apart, it is the free will and choice and right to privacy of the Petitioners to continue wearing Naqab and Hijab in the classroom of Senior College,” the plea adds.
The notice read that “only formal and decent dress in the college”. Taking objection to this, the petitioners contend that indirectly, the college has categorised the naqab, burka and hijab as indecent dresses. “However, the fact is otherwise,” the plea states, adding that as a citizen, they have a right to dignity and bodily integrity.
It further adds that the notice “targets religious beliefs and affairs” of the petitioners. “Petitioners' cultural practice gives them the right to choose the non-revealing dresses such as Naqab, Burka and Hijab,” the plea contends.
Such an action would exclude petitioners from pursuing higher education and amounts to discrimination. “This action is akin to denying admission in the Respondent [College]. Respondent [College] further failed to consider that such restrictions shall increase the dropout rates of Women,” the plea underlines.
The college ought to have promoted sensitivity, empathy, liberal belief, unity in diversity and tolerance amongst the college students, however, it has acted in contrary to the basic tenets and principles of equality, equity, inclusiveness and tolerance.
