A student, Fakeha Badami studying homoeopathy from Sai Homeopathic Medical College has moved to the High Court after the college did not let her attend college because she wears a hijab (headscarf), and to add to it, the college is not letting her give the repeater exams as her attendance is very low. Fakeha resides in Bandra and is pursuing a bachelor of homoeopathy medicine and surgery course from the Bhiwandi college.

Fakeha was barred from attending the college as she wears the hijaab. The college is affiliated to Maharashtra University of Health Sciences (MUHS). The ministry of AYUSH (Ayurveda, Yoga and naturopathy, Unani, Siddha and Homeopathy) asked the college to resolve the issue, saying “it cannot compel a student to not wear the hijab since it is disrespect to social justice”. The ministry of MUHS also asked the state medical education and drugs department to know if Muslim students are barred from wearing the hijab and if there were any regulations regarding the same. The MUHS denied any such restriction and said she should be allowed to attend college. The college, however, has not agreed.

By the time Fakeha approached the High Court, the exams were already over. This happened in November 2017. The college said they would allow Fakeha to attend the lectures for her repeater exams. Sai Homeopathic Medical College was directed by the High Court to ask MUHS if there were any rules and regulations. Upon producing the High Court order Fakeha attended her lectures from March 19. But on March 28, the college wrote to MUHS to understand if Fakeha should be allowed to attend the repeater exams, given her attendance was only for 6 days. The MUHS replied that she “does not meet the mandatory attendance criteria”.

Fakeha once again went to the High Court with a petition. In the petition, she states that the term began on December 27, 2016. She started attending college from December 28 and also mentioned that all Muslim students were forced to remove the hijab. “India is a... secular democracy. Denying anyone... the right to wear the hijab is denying her the right to practice a religion of her choice, despite such right being clearly protected by the Constitution of India as a Fundamental Right under Article 25,” the petition stated.

Fakeha's sister is also studying homoeopathy from an MUHS college and she too wears a hijab and is allowed to attend. Fakeha's lawyer Sariputta Sarnath, has told the bench that Fakeha was allowed to attend the college only after the HC order from March 12, and her lack of attendance was only because the college did not permit her to attend. The bench has now asked him to serve notice to the college.

(The above story first appeared on LatestLY on May 23, 2018 09:47 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).