The
Bombay High Court on Wednesday refused to interfere in a decision taken by a
city-based college to impose a ban on hijab, burka and naqab in 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 and dismissed a
petition filed against it by nine girl students, who are in the second and
third year of a science degree course.
The students moved the
HC earlier this month, challenging a directive issued by the Chembur Trombay
Education Society's NG Acharya and DK Marathe College imposing a dress code
under which students cannot wear a hijab, naqab, 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.
The
plea termed the college action as "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 hijab was 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.
The
college had claimed the decision to ban hijab, naqab and burka in its premises
was merely a disciplinary action for uniform dress code and was not against the
Muslim community.
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 colourable exercise of power".
They
initially requested the college management and principal 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".
The
girls also raised their grievance against the notice with the chancellor, vice
chancellor of the 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 in the HC.