Students protest against Chembur colleges' dress code banning hijab | Bombay News

Nine students of Acharya and Marathe College in Chembur have approached the Bombay High Court challenging a directive issued by the institute on its website requiring it to follow a dress code for its graduate students.

The dress code in question, which was to come into force from the academic year beginning in June, stipulated that burqas, niqabs, hijabs or any other sign of religious identification such as badges, caps or stoles would not be allowed inside the college.

The dress code was issued in May this year after the university made headlines in August last year, when several college girls wearing hijabs were refused entry for failing to comply with the prescribed uniform.

Aggrieved by such dress code, nine B.Sc (Computer Science) students of the college, earlier this week, approached the HC stating that the said notice or instructions to students published on the college's website were illegal, arbitrary and unreasonable.

As per this dress code, only full or half shirts and pants were prescribed for boys and any non-revealing Indian/Western attire was stipulated for girls on the college campus.

The students, in a plea filed by advocate Altaf Khan, said the detailed messages outlining the guidelines were circulated by faculty members on WhatsApp groups for second and third year students.

The plea stated that the notice or instructions regarding the dress code are without legal authority, perverse and liable to be quashed and set aside by the HC and sought a declaration from the court that the said dress code was not binding on the petitioners .

The petitioners said the college, affiliated to the University of Mumbai and aided by the Maharashtra government, has neither the power nor the authority to issue such restrictions.

The plea added that the college or its managing trust had not explained under which provision of the law they had imposed such restrictions on particular garments and, therefore, the impugned notice could not be sustained.

Additionally, the petitioners argued that the naqab and hijab are an integral part of their religious beliefs.

It is the free will and choice or rather the right to privacy of the petitioners to continue wearing Naqab and Hijab in the classrooms of the Senior College. Thus, the right to choose and privacy, although poorly formulated in Article 19(1), as an inseparable part of the right to expression,” the plea said.

He added that the petitioner's right was also protected under Article 21 (right to life and personal liberty), which can only be withdrawn in accordance with the procedure established by law.

The plea sought that the court declare that the impugned notice is without legal authority and arbitrary, that it be quashed and set aside and that it is not binding on the petitioners. Pending the final decision on the plea, the petitioners requested a stay on the effect and implementation of the said notice.

The HC is likely to hear the plea on June 18.

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