Mumbai: HC refuses to interfere in hijab ban decision of college

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The Bombay High Court on Wednesday reportedly refused to interfere in a decision taken by a city-based college to impose a ban on hijab on its premises.

A division bench of Justices A. S. Chandurkar and Rajesh Patil said it was not inclined to interfere in the decision taken by the college. It dismissed a petition filed by nine female students, who are in the second and third years of a science degree course, against the college.

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As per the agency report, the students filed a petition in the High Court earlier this month, challenging a directive issued by the NG Acharya and DK Marathe College of the Chembur Trombay Education Society imposing a dress code under which students cannot wear a hijab, niqab, burka, stoles, caps, and badges inside the premises.

The petitioners claimed such a directive was against their fundamental rights to practice their religion, right to privacy, and right to choice, reported PTI.

The plea reportedly termed the college action "arbitrary, unreasonable, bad-in-law, and perverse.".

The petitioner's advocate, Altaf Khan, last week submitted before the HC certain verses from the Quran to support their claim that wearing a hijab is an essential part of Islam.

Apart from the right to practice their religion, the petitioners were also relying on their right to choice and privacy while opposing the college's decision, he said, according to PTI.

The college had reportedly claimed the decision to ban hijab, niqab, and burka on its premises was merely a disciplinary action for the uniform dress code and was not against the Muslim community.

As per the news agency report, senior counsel Anil Anturkar, appearing for the college management, said the dress code was for all students belonging to every religion and caste.

The girls, however, claimed in their plea that such a directive was "nothing but a colourable exercise of power," reported PTI.

They initially requested the college management and principal withdraw the restriction on the niqab, burka, and hijab and allow it "as a matter of right of choice, dignity, and privacy in the classroom.".

Reportedly, the girls also raised their grievance against the notice with the chancellor, vice chancellor of Mumbai University, and the University Grants Commission, requesting their intervention "to upkeep the spirit of imparting education to all citizens without discrimination.".

However, when the students did not get any response, they filed a petition with the HC and reported PTI.

(with inputs from PTI)