If you are stuck in such a situation, here is what to do.

Imagine a student, let’s call her Ms. Fatima, has secured admission to a prestigious private institution, ‘Vikas Bharti University’. During the induction program, the university administration orally informs the students that while the hijab (headscarf) is permitted, the niqab (face veil) is strictly forbidden on campus. This directive is surprising because the university’s prospectus, website, and admission documents make no mention of a dress code or any specific restrictions on attire. Ms. Fatima, who observes the niqab as an integral part of her religious practice, feels singled out and is now in a dilemma about her future at the institution. This raises significant legal questions about the powers of educational institutions and the fundamental rights of students.

Advice in such cases

• Review All Documents: Carefully re-examine the college prospectus, admission form, offer letter, and any rulebook or handbook provided. Look for any clause, however vague, related to a dress code or student conduct.
• Formal Written Communication: Draft a formal letter or email to the college administration (Principal, Dean, or Registrar). Politely state the issue, mention that the rule was not communicated in writing prior to admission, and request a written clarification on the policy and its basis.
• Seek a Meeting: Request a formal meeting with the college authorities to discuss the matter. This allows for a direct dialogue to understand their concerns (e.g., security, identification) and to present your perspective.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

• Article 25 of the Constitution of India: Guarantees all persons the freedom of conscience and the right to freely profess, practice, and propagate religion. However, this right is subject to public order, morality, and health.
• Article 29 of the Constitution of India: Protects the interests of minorities, ensuring that no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language, or any of them.
• Article 30 of the Constitution of India: Gives minorities the right to establish and administer educational institutions of their choice. While this gives them administrative autonomy, they are still expected to act fairly and not in a manner that is manifestly arbitrary.
• Relevant Case Law (The Karnataka Hijab Case – Resham v. State of Karnataka): The Supreme Court delivered a split verdict on the issue of banning hijab in state-run educational institutions in Karnataka. While the matter is pending before a larger bench, the case highlighted the tension between individual rights and institutional rules. The key question often revolves around whether a practice is an ‘essential religious practice’ and whether the restriction is reasonable.
• UGC/AICTE Guidelines: While these bodies set standards for higher education, their guidelines on dress codes are generally not prescriptive unless there is a specific professional requirement (e.g., in medical or engineering labs). An arbitrary, unwritten rule may contravene the spirit of fairness these bodies promote.

If you are the complainant

• Document Everything: Keep a record of all communications, including dates of conversations, names of officials spoken to, and summaries of what was said. Preserve copies of emails and letters.
• Formal Grievance: Utilize the college’s internal grievance redressal mechanism, if one exists. File a formal written complaint outlining the issue and the relief sought.
• Escalate to Regulatory Bodies: If the internal mechanism fails, you can file a complaint with the University Grants Commission (UGC) or the All India Council for Technical Education (AICTE), depending on the college’s affiliation. You can also approach the National Commission for Minorities.
• Legal Notice: Through a lawyer, you can send a legal notice to the college. This formal document states your grievance, the legal basis of your claim, and the action you expect the college to take, failing which you may initiate legal proceedings.
• Writ Petition: As a last resort, you can file a writ petition in the High Court under Article 226 of the Constitution, challenging the college’s action as arbitrary and violative of your fundamental rights.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

• Stay Calm and Composed: It is crucial not to get into a verbal altercation with the administration. Approach the issue formally and systematically.
• Gather Support: Speak to other students or faculty who may be supportive. Sometimes, collective representation can be more effective than an individual complaint.
• Understand the College’s Position: Try to understand the reasoning behind the rule, even if you disagree with it. They might have security or identification concerns that could potentially be addressed through a compromise (e.g., showing your face to a female security guard for identification).
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police have a very limited role in such matters, as this is a civil dispute between a student and an educational institution, not a criminal offence. The police will not register a First Information Report (FIR) for a college implementing a dress code rule. Their involvement would only be warranted if the situation escalates into a law-and-order problem, such as protests turning violent, or if there are specific criminal acts like intimidation or assault. For the core issue of the rule’s validity, you must approach the college administration, regulatory bodies, or the courts, not the police.

FAQs people normally have

Can a private college enforce a rule that isn’t in writing?

Generally, for a rule to be binding, especially one that affects fundamental rights, it should be part of a formal, written, and pre-published policy, like a dress code in the college prospectus. An arbitrary, orally communicated rule is legally weak and can be challenged as being unfair and non-transparent.

Is this a violation of my religious freedom under Article 25?

It is arguable. The courts have to balance the individual’s right to practice religion against the institution’s right to maintain discipline and a secular academic environment. The key legal test is whether wearing the niqab is an ‘essential religious practice’ and whether the college’s restriction is ‘reasonable’. The fact that the college allows the hijab but not the niqab complicates the matter, suggesting a selective restriction that may be seen as arbitrary.

Does it matter if the college is a minority institution?

Even a minority institution, while having autonomy under Article 30, cannot act in a manner that is manifestly arbitrary or against the general principles of fairness. Its rules must still be reasonable and not target any student unfairly.

What evidence is required?

• The college prospectus, admission brochure, and website pages (screenshots can be useful) to prove the absence of a pre-disclosed dress code.
• Your admission offer letter and fee receipts to establish your status as a bona fide student.
• Any written communication from the college regarding the ban. If the communication was oral, a written record of it in your complaint or letter to the college is important.
• Copies of all correspondence (letters, emails) sent to the college administration and their replies.
• Affidavits from you or any witnesses regarding the oral directive given by the administration.

How long will the investigation take?

The timeline can vary significantly. An internal college inquiry might take a few weeks. A complaint to the UGC or other regulatory bodies could take several months. If the matter goes to court via a writ petition, it could take anywhere from a few months to over a year for a final decision, although the court may grant interim relief (like allowing the student to attend classes pending the final verdict) much sooner.

Advocate Sudhir Rao, Supreme Court of India