Bombay High Court Decision on College Dress Code

Context:

Recently, the Bombay High Court rejected a plea by 9 students contesting the college’s new dress code that prohibited hijabs, burqas, niqabs, and other religious identifiers on campus. The court concluded that the dress code was implemented in the “larger academic interest” of the students.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

1. Key Arguments and Court’s Ruling
2. Bombay High Court’s Ruling
3. Previous Court Rulings on Hijab
4. Way Forward

Key Arguments and Court’s Ruling

Students’ Arguments:

• Students asserted that the college dress code violates their religious freedom and right to education, arguing that the college lacks the authority to enforce such restrictions, especially since it obstructs educational access for minority communities.
• They claimed these restrictions contravene specific constitutional articles: Article 19(1)(a) (Right to Freedom of Expression) and Article 25 (Right to Freedom of Religion).
• Additionally, they contended the decision breached the University Grants Commission (Promotion of Equity in Higher Educational Institutions) Regulations, 2012, which aim to enhance educational access for SC, ST, OBC, and minority communities.

College Administration’s Arguments:

• The college administration countered that the dress code applied uniformly to all students, regardless of religious or community backgrounds, with the objective of avoiding the revelation of students’ religion.
• They referenced the 2022 Karnataka High Court judgement, which declared that wearing the hijab or niqab was “not an essential religious practice” for Muslim women.
• The administration maintained that the dress code was an internal matter essential for maintaining discipline, and prescribed “any Indian/western non-revealing dress” for girls, applicable to all students.

Bombay High Court’s Ruling:

• The Bombay High Court rejected the students’ claim that wearing the hijab is an “essential religious practice,” emphasizing that the dress code uniformly applied to all students, regardless of “caste, creed, religion, or language,” and did not violate UGC regulations promoting equity in higher education.
• The court held that between the competing rights of a student’s dress choice and the institution’s right to maintain discipline, the institution’s “larger rights” must prevail, as students are expected to attend the institution for academic advancement.
• The court fully agreed with the 2022 Karnataka High Court judgement in Resham v. State of Karnataka, 2022, which validated the state government’s ban on hijabs in government colleges.

Supreme Court Challenge:

• The Karnataka High Court judgement on the hijab ban is currently under challenge in the Supreme Court, with a 2-judge bench delivering a split verdict in October 2022. The case has been referred to a larger bench.
• The Bombay High Court verdict is also likely to be contested in the Supreme Court.

Previous Court Rulings on Hijab

Bombay High Court, 2003:

• In Fathema Hussain Sayed v Bharat Education Society, the court ruled that the Quran does not mandate wearing a headscarf, and a girl student not wearing one does not violate Islamic injunctions.

2015 Kerala High Court Cases:

• Two petitions challenged the dress code for the All India Pre-Medical Entrance, which required light clothes with half sleeves and slippers instead of shoes.
• The Central Board of School Education (CBSE) argued the dress code prevented unfair practices. The Kerala High Court directed CBSE to implement additional measures for students wishing to wear religious attire.

Amna Bint Basheer v CBSE, 2016:

• The Kerala High Court ruled that wearing a hijab is an essential religious practice but upheld the CBSE dress code, allowing additional measures and safeguards.

Kerala High Court, 2018:

• In Fathima Thasneem v State of Kerala, the court upheld a Christian missionary school’s decision to deny permission to wear headscarves, stating the “collective rights” of the school take precedence over individual student rights.

Way Forward:

• Aligning High Court judgements may indicate an emerging judicial trend. The Supreme Court’s verdict will be crucial for establishing a clear legal framework.
• The challenge lies in balancing individual religious freedom with institutional autonomy to implement dress codes, requiring careful consideration in each educational context.
• The lack of national-level dress code guidelines necessitates clear policies from the UGC to ensure uniformity and protect fundamental rights.
• Formulating dress codes through a consultative process involving all stakeholders is essential to foster inclusivity and address concerns regarding diverse religious practices.

-Source: The Hindu