Mumbai. A Mumbai college on Wednesday argued before the Bombay High Court that the ban on hijab, niqab and burqa on its campus is only to enforce a uniform dress code and is not aimed at targeting the Muslim community. Last week, nine girl students had challenged the directive issued by N.G. Acharya and D.K. Marathe College of Chembur Trombay Education Society in the High Court, which enforced a dress code banning hijab, niqab, burqa, stole, cap and any kind of badge.
The petitioners – second and third year science degree students – said the rule violates their fundamental right to practice religion, right to privacy and “right to choice”. They claimed the college’s action was “arbitrary, unreasonable, wrong in law and perverse”.
A division bench of Justices A.S. Chandurkar and Rajesh Patil on Wednesday asked the counsel for the petitioners which religious authority says that wearing hijab is an essential part of Islam. The court also asked the college management whether it has the right to impose such a ban. After hearing arguments from both sides, the court said it would pass an order on June 26.
Petitioners’ lawyer Altaf Khan cited some verses from the Quran in support of his arguments. He said that apart from the right to practice their religion, the petitioners are also relying on their ‘right to choice and privacy.’
Senior advocate Anil Anturkar, appearing for the college, said the dress code is for students of every religion and caste. He argued, “This is not an order against Muslims only. The dress code ban is for all religions. This is so that students do not have to walk around openly revealing their religion. People come to college to study. Let the students do that and focus only on that and leave everything else outside.”
Lawyer Anturkar argued that wearing hijab, niqab or burqa is not an essential part or practice of Islam. He further said, “If tomorrow a student comes wearing full saffron clothes, the college will oppose that too. Why is it necessary to openly display one’s religion or caste? Will any Brahmin roam around wearing his sacred thread (Janeu) over his clothes?”
The lawyer argued that the college management is providing a room where the girl students can remove their hijab before going to classes. On the other hand, lawyer Khan argued that till now the petitioner and many other girl students used to come to classes wearing hijab, niqab and burqa and this was not an issue.
The petition said that before approaching the court, they had approached the Chancellor and Vice-Chancellor of Mumbai University and the University Grants Commission (UGC) seeking their intervention to “maintain the spirit of providing education to all citizens without any discrimination”, but did not receive any response.
Tags: Bombay High Court, Burqa Controversy, Hijab controversy
FIRST PUBLISHED : June 19, 2024, 22:15 IST