As court rules in favour of Acharya College management’s policy, students yet to find admission elsewhere
The girls in college on July 2
Losing all hope of pursuing her education at Chembur’s NG Acharya and D K Marathe College of Arts, Science, and Commerce, a nineteen-year-old Muslim TYBSc student was forced to quit college. Choosing the “burqa” over education, the girl now faces a dropout year.
Following the court’s verdict favouring the college’s dress code, six of the nine girl students who moved against the management for not allowing burqas, hijabs, and niqabs on campus have left the college. Some of them have not secured admission elsewhere, disrupting their academic year. Meanwhile, three of the nine students remain enrolled but have not been attending lectures.
“Our fight was to get the college management to allow us to wear the burqa and hijab on the campus. Now that the court’s verdict is in, we have no hope. Tomorrow other colleges will follow suit, where will we go? Burqa is part of our life and banning and restricting us from wearing it on the campus is an attack on our religious freedom,” said the student.
N G Acharya & DK Marathe College in Chembur. The students said the dress code infringes on their constitutional rights. File pic
She added, “I haven’t taken admission anywhere else yet. Yes it will be a huge loss as this will be my drop out year. Had this chaos over burqa not happened, I would have completed my graduation peacefully. It is very sad that an educational institute is depriving us of education by imposing such dress codes. Even other students know this is wrong, but no one wants to speak up fearing backlash.”
The nine girl students, who are in their second and third years of B.Sc. and B.Sc. (Computer Science) programmes in June challenged the college’s May 1 circular that implemented a dress code prohibiting students from wearing burqa, naqab and hijab on campus.
The students, represented by advocate Altaf Khan, said that the college’s dress code was discriminatory and infringed upon their rights guaranteed under Articles 14, 19, 21, 25, 26, and 29 of the Indian Constitution. They also highlighted that other religious symbols, such as pendants, bindis - teekas and even religious threads on wrist and neck and even turbans, are all allowed in the classroom, making the hijab ban selectively discriminatory.
Another student said: “I have managed to get admission in another college, however, now this thing has become a fear. The fear of facing a ban in whichever college I join. We wear a burqa, it is a religious practice, it is our choice. Is it so difficult to respect our choice? We were really hoping to fight this injustice and be able to go to college again. However, nobody helped us. The court was misled by showing how the ban was for everyone.”
Dr Vidyagauri Lele, principal of Acharya-Marathe College, confirmed that some girls who challenged the dress code in the high court have left, with some securing admission in a Bandra college. “As an educational institution we never intended or asked them to leave, they left the college by their choice. We enforce this dress code strictly to maintain discipline and respect within the institution,” she said, adding that students with inappropriate attire are also sent home.
“We have repeatedly stated that any religious attire will not be allowed on campus. These students were allowed to wear burqas and niqabs in common rooms but not in classrooms, the canteen, or anywhere else on campus. This policy promotes cultural harmony. I would also like to point out that those nine girls are not the only Muslim students in the college. Many Muslim students currently study here and have accepted and are following the dress code,” the principal added.
On June 27, the Bombay High Court held that the decision was “in larger academic interest”. The court also stated that since the instructions issued by the college were “applicable to all students irrespective of their caste, creed, religion or language”, they did not violate UGC guidelines.
The circular in question
The circular, dated May 1, 2024, reads: “Dear students of SY and TY, admissions for next academic year 2024-25, will soon begin in online mode. Be prepared to take admission. For the academic year starting June 2024, a dress code applies to all students. You must wear only formal and decent dress in college. You can wear full shirt or half shirt, normal trouser. Girls can wear any Indian dress. Burka, nakab, hijab or any part of dress which reveals religion like badge, cap, stole is to be removed as soon as you come, by going to common room on the ground floor which is beside the dept of chemistry. And then only you shall move around the college. One day in a week, on Thursday, there must be relaxation in the dress code, however maintaining decency in dress will be a must.
Total no of girls who protested