The Bombay High Court has dismissed a plea filed by women students challenging the ban on wearing hijab, niqab, burkha, stole, cap, etc., on the campus of a Mumbai college. The court's decision upheld the college's directive, which the students had contested, claiming it infringed upon their fundamental rights.
A division bench of Justices A S Chandurkar and Rajesh Patil ruled against interfering in the decision made by the Chembur Trombay Education Society’s NG Acharya and DK Marathe College.
The petition, filed by nine female students in the second and third year of their science degree course, argued that the college's directive violated their rights to practise religion, privacy, and personal choice. They described the college’s action as arbitrary, unreasonable, and perverse.
The controversy began in July when the college imposed a dress code barring students from wearing religious head coverings and other items inside the premises.
The students challenged this directive, arguing it was issued without any legal authority, distinguishing their case from the Karnataka High Court judgement on the hijab ban in junior colleges.
Advocate Altaf Khan, representing the petitioners, noted that the Karnataka case involved a pre-existing uniform policy, whereas the Mumbai college implemented the dress code via WhatsApp without formal legal backing.
The college authorities defended their decision, stating it was a disciplinary measure and not aimed at any specific community. Senior counsel Anil Anturkar, representing the college, argued that the dress code applied to all students, regardless of religion or caste. Despite this, the petitioners maintained that the directive was a misuse of power.
The college's decision to enforce a dress code has sparked debate about the balance between institutional regulations and individual rights. The students' plea highlighted the tension between maintaining discipline and respecting personal freedoms. The college's stance reflects a broader trend of educational institutions grappling with dress codes and their implications for religious expression.
In their plea, the students argued that the dress code not only restricted their religious practices but also impinged on their right to personal autonomy and bodily integrity. The college’s justification that the dress code was a general policy for all students did little to assuage their concerns.
The Bombay High Court’s dismissal of the plea signifies judicial support for institutional policies aimed at maintaining discipline, even when such policies intersect with individual rights. The decision underscores the complexity of balancing institutional authority with personal freedoms in educational settings.
As the debate over dress codes in educational institutions continues, this case highlights the need for clear policies that respect individual rights while maintaining institutional order.
The court's ruling serves as a reminder of the challenges in navigating the intersection of personal freedoms and institutional regulations.
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