BOMBAY HIGH COURT WHILE DISMISSING STUDENT'S PLEA: BANNING HIJAB ON COLLEGE CAMPUS IS IN LARGER ACADEMIC INTEREST, TO AVOID DISCLOSURE OF RELIGION

The Bombay High Court in the case Zainab Abdul Qayyum Choudhary & Ors.v. Chembur Trombay Education Society's NG Acharya and DK Marathe College and Ors observed that the dress code prohibiting students from wearing hijab, nakab, burka, stole, cap etc. on the campus of a Mumbai college is in students' larger academic interest.

The Division bench comprising of Justice AS Chandurkar and Justice Rajesh S Patil in the case observed and has dismissed the writ petition against the dress code by nine female students NG Acharya and D. K. Marathe College of Art, Science and Commerce.

The bench observed that the object behind prescribing the dress code is evident from the Instructions since they state that the intention is that a student's religion ought not to be revealed. It is in the larger academic interest of the students as well as for the administration and discipline of the College that this object is achieved.

This being for the reason that students are expected to attend the educational institution to receive appropriate instructions for advancement of their academic careers. Thus, the insistence for following the dress code is within the college premises and the petitioners' freedom of choice and expression is not otherwise affected.

The court in the case referred to the Full Bench decision of the Karnataka High Court in the case Resham v. State of Karnataka, wherein the court upheld the government order prescribing a dress code excluding hijabs.

The Karnataka High Court in the case held that such a dress code aimed at treating students as a homogeneous class to serve constitutional secularism and was not violative of any fundamental rights.