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HC Dismisses Students’ Plea Challenging Hijab Ban By Mumbai College

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Mumbai

The Bombay High Court on Wednesday rejected a plea filed by nine female students challenging a Mumbai college’s ban on wearing items like hijab, niqab, burkha, stole, cap, and others on campus. Justices A S Chandurkar and Rajesh Patil of the Bombay HC declined to intervene in the decision made by the NG Acharya and DK Marathe College, a Mumbai city-based institution.

The students, enrolled in second and third-year science degree courses, contested a directive issued earlier by the Chembur Trombay Education Society, alleging that it infringed upon their fundamental rights to practice religion, privacy, and personal choice.

Advocate Altaf Khan, representing the petitioners, argued that unlike cases involving uniform policies, this college’s directive was communicated via WhatsApp without proper legal backing. He highlighted that the dress code imposed restrictions on senior college students who did not have a uniform requirement.

In response, senior counsel Anil Anturkar, representing the college management, asserted that the dress code applied uniformly across all students, irrespective of religion or caste, and was implemented to maintain discipline rather than target any specific community.

The plea described the college’s action as arbitrary and an abuse of power, emphasizing the students’ rights to autonomy and bodily integrity.

The Bombay HC’s decision underscores ongoing debates about religious attire in educational institutions, highlighting differing interpretations of institutional discipline and individual rights.

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