By SABRANGINDIA   

Yet again, the freedom of religion and the right to choose what one wants to wear has been taken away by Muslim students of the colleges in Mumbai by the Bombay High Court. Nine students from Mumbai’s NG Acharya and DK Marathe College of Art, Science, and Commerce approached the Bombay High Court, challenging the newly implemented dress code by the college authorities, which prohibits the wearing of the hijab on campus. The arguments of the case took place on June 20, 2024 and the order was reserved and subsequently delivered on June 26, 2024. The case was heard by a division bench of Justice AS Chandurkar and Justice Rajesh S Patil. (A detailed analysis of the case and the arguments can be read here and here.)

Observations of the court

The Bombay High Court observed that the dress code prohibiting students from wearing hijab, nakab, burka, stole and cap on the campus is in the student’s larger academic interest.

The court referred to the case of Miss Fathema Hussain, a minor v. Bharat Education society and Ors., where in the Bombay High Court in 2003 held that, merely asking the students to maintain the dress code by not wearing a hijab does not violate the students’ fundamental right of freedom of conscience and free profession.

“Reference can be made to the judgment of the Coordinate Bench in Miss Fathema Hussain, a minor Vs. Bharat Education Society and Ors., AIR 2003 BOM 75, wherein a direction issued by the Principal of a High School to a girl student that she could not attend classes wearing head scarf was under challenge. On behalf of the student, it was urged that the direction issued by the Principal was violative of her fundamental right of freedom of conscience and professing, propagating and practicing Islam religion. Considering such challenge, it was held that by merely asking the student to maintain the dress code prescribed by the school, it could not be said that the student’s fundamental right of freedom of conscience and free profession, practice and propagation of religion was violated. There was no breach of the provisions of Article 25 of the Constitution of India” the court said.

The court referred to the infamous Karnataka High Court judgment wherein, a government order banned hijabs in schools and colleges across Karnataka, in this case it was held that this is not violation of Article 25 of the constitution of India.

This story was originally published in sabrangindia.in. Read the full story here.