Supreme Court stays ban imposed on hijab in Mumbai college, Says 'will you ban girls wearing...'

Supreme Court of India halts Mumbai college's ban: The Supreme Court stayed a circular issued by a Mumbai college that banned wearing hijab, niqab, burqa, caps, and similar attire within its premises on Friday (August9). However, the court ruled that girls could not wear burqas inside the classroom and that no religious activities could be conducted on campus.

Justices Sanjiv Khanna and Sanjay Kumar, who presided over the case, questioned the college's selective ban on religious symbols. They asked why the prohibition had not been extended to other markers of religion, such as tilak and bindi, if the intention was to enforce a uniform dress code. "Girl students must have freedom of choice in what they are wearing, and the college cannot force them," the bench told the college administration. The judges expressed surprise that the college suddenly realized the existence of many religions in the country.
Justice Kumar specifically asked, “Can you say someone wearing a tilak will not be allowed? This is not part of your instructions?”

The Supreme Court was hearing a plea challenging a Bombay High Court verdict from June that refused to interfere with the college's decision to implement the ban. Nine female students, enrolled in the second and third years of a science degree course, had challenged the college's directive on the grounds that it violated their fundamental rights, including the right to practice their religion, the right to privacy, and the right to choice.

The issue began on May 1, when the Chembur Trombay Education Society's NG Acharya & DK Marathe College issued a notice on its official WhatsApp group, including faculty members and students. The notice outlined a dress code banning the wearing of hijab, niqab, burqa, caps, badges, and stoles on the college premises. The petitioners argued that this directive was issued without any legal authority and was therefore "bad-in-law, null and void."

The students initially approached the college management and the principal, requesting the withdrawal of the restrictions on hijab, niqab, and burqa, citing their right to choice, dignity, and privacy in the classroom. When their requests were ignored, they escalated the matter to the chancellor and vice-chancellor of Mumbai University, as well as the University Grants Commission, seeking intervention to ensure that education was imparted without discrimination. After receiving no response, the students filed a petition in the Bombay High Court.

During the high court hearing, the petitioners' advocate, Altaf Khan, presented verses from the Quran to argue that wearing a hijab was an essential part of Islam. The plea stated that the college's action was "arbitrary, unreasonable, bad-in-law, and perverse."

The college management defended the ban as a measure to enforce a uniform dress code and maintain discipline, denying any intent to discriminate against the Muslim community. Senior counsel Anil Anturkar, representing the college, asserted that the dress code applied to students of all religions and castes. The Supreme Court's stay on the college's circular means that, for now, students can choose to wear their religious attire on campus, except inside classrooms, until a final decision is reached.

 

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