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A new case has been brought before the Maharashtra High Court, Zainab Choudhary & Ors. v. Chembur Trombay Education Society’s NG Acharya and DK Marathe College & Ors. Where the students of the college were issued a notice cum direction, which read as the following:

“You shall follow the dress code of college of formal and decent dress which shall not reveal anyone’s religion such as no burqa, no nakab, no hijab, no cap, no badge, no stole etc. Only full of half shirt and normal trousers for boys and any Indian/ western non-revealing dress for girls on the college campus. Changing room available for girls.”

 

The students have challenged this after a few junior students were denied entry into the college due to the fact that they were wearing hijabs and did not comply with the prescribed uniform. The students stated that these instructions were illegal, arbitrary and unreasonable, and that the college, affiliated to Mumbai University and aided by the State of Maharashtra had no power and authority to issue directions giving out such restrictions and that the notice could not be sustained. The plea stated that the use of Naqab and Hijab are some of the fundamentals of the petitioner’s religious practices and beliefs, and that in a secular country, such as India, it would be their free will, and their right to life and religion, to choose to follow certain customs of their religion, even in the classroom. The prayers sought by them, are for the Court to declare that such notices are without the authority of law and is arbitrary, and that they are not binding on the petitioners.

The same situation had previously occurred in Udupi, Karnataka, where students of a Pre-University College were denied entry as they were hijabs which was in violation of the Uniform Policy. After which multiple protests erupted challenging this. To conclude this issue, the State Government set up a Committee to study this issue, and come up with a decision, as to whether the students can display their religion in public areas, after which they came up with an Order, that was communicated across all schools that students could not wear anything that could express what religion they follow. This was challenged in the Karnataka High Court, which upheld the order and then lead to an Appeal in the Division Bench of the Supreme Court, where they gave a Split Decision. It was then sent before a Larger Bench, where it is still pending. Once the verdict for this case is set, it could also be used to determine the issue in Maharashtra, which is quite similar, however, the question as to whether or not the people will fall behind it and choose to accept it, cannot be answered until the verdict is given.

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Written by – Gnaneswarran Beemarao