In the Bombay High Court (HC), on June 20, the NG Acharya and DK Marathe College contended that since donning a hijab or niqab is not a requirement of Islam, it need not be allowed on campus.
The debate arose from a petition that nine female college students had filed contesting a dress code that forbade the wearing of hijabs, niqabs, burkas, stoles, hats, and badges. According to the college, the goal of the dress code was to provide a common standard for all students, irrespective of their religious background.
The students petitioned the college arguing that the requirement to take off their head coverings before class had infringed their basic rights to life and religion. The directive had been sent via the college's WhatsApp group. They maintained that the order was absurd, irrational, and against the law.
At the hearing held on June 20, the college's senior attorney, Anil Anturkar, explained that the limitations were required to maintain decorum and consistency on campus. It was made clear by him that the college's policy did not permit students to publicly flaunt their religious identities unless it could be demonstrated that doing so was an integral part of their religion.
This, according to Anturkar, is done so that students won't have to go around freely revealing their faith. Students attend college in order to study. All other activities should be left outside and let the pupils handle that. The college will also object if a student shows up tomorrow wearing only saffron, or bhagwa, apparel. What makes disclosing one's caste or religion in public necessary? Could a Brahmin be seen wandering around without his garments and his sacred thread? he continued.
Anturkar contended that the petition submitted by youngsters was purely for publicity and lacked genuineness. "I am carrying it out for all of us. What's the objection?" he asked, pointing out that permitting such behaviour would lead to discord.
The students' advocate, Altaf Khan, questioned why the wearing of niqabs and hijabs is suddenly causing discord. More than two years have passed since the petitioners started wearing the clothing. So what unexpectedly happened now? Why has this ban been put in place now? It is required that you dress appropriately. Is the administration of the college claiming that burkas, niqabs, and hijabs are skimpy or too revealing?
Khan also questioned the dress code for what he saw as its contradiction, which permits the western attire but forbids niqabs and hijabs. I am not familiar with the contested instructions at all. They are allowed to dress in Western clothing because they are Indian. It is ridiculous that they are not allowed to wear the traditionally Indian hijab or niqab.
The bench of Justices AS Chandurkar and Rajesh Patil postponed making a ruling till June 26 after hearing arguments from both parties. The court is likely to start by addressing this key issue in light of the concerns expressed over the maintainability of a writ petition brought against a private business.
Before requesting court redress, the students had first addressed their complaints about the May 1 instruction to the University Grants Commission, the chancellor and vice-chancellor of Mumbai University, and the college principal.
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