Supreme Court Stays Mumbai College's Order to Ban Hijab; What Court Said in its Order?

The Supreme Court on Friday issued a stay on a circular from a Mumbai college that prohibited students from wearing hijabs, niqabs, caps, or any religious badges. Justices Sanjiv Khanna and Sanjay Kumar expressed surprise at the college's decision to enforce such a ban and questioned the officials responsible for issuing the circular.

The bench asked why the college chose to implement this directive so many years after independence. The college's advocate clarified that the institution was established in 2008. The Supreme Court placed an interim stay on the circular and scheduled the next hearing for November 18, 2024. The court, however, said that burqas would not be permitted in classrooms.

The lawyer for the college said that there were 441 students from the community in the college and when a girl wears a veil or an article of clothing like that, it creates a barrier between her and the other students. She also pointed out that changing rooms had been arranged for the students to take off their hijabs or burqas before entering. 

"You may be right (but) the background they come from, family members may say wear it and go and they have to wear it. But everyone should study together," the court said. 

What girls want to wear should be left to them

"How are you empowering women by telling them what to wear? What girls want to wear should be left to them. Where is their choice? You have suddenly woken up that they are wearing it? It is unfortunate that after so many years of independence, such a ban is being talked about," Justice Kumar said.

The justices remarked, "We hope that no one will misuse this order." During the proceedings, the bench challenged the college's stance, questioning the rationale behind prohibiting attire that reflects religious identity. The advocate argued that the college, as a co-educational private institution, enjoyed autonomy. He claimed that only three female students had issues with the dress code.

The bench countered, "Doesn't it depend on the girl what she wants to wear? Can you say that someone who wears a tilak should not be allowed?" Following these discussions, the court decided to stay the circular.

Senior advocate Colin Gonsalves appeared before the apex court on behalf of the aggrieved girl students.

The authorities of NG Acharya and DK Marathe College in Mumbai had prescribed a dress code, under which their students were prohibited from wearing hijab, niqab, burqa, stole, cap etc. on the campus.

Nine girl students had challenged dress code in the Bombay HC

Nine girl students had challenged this dress code in the Bombay High Court, where a bench of Justices A S Chandurkar Rajesh S Patil refused to consider the petition on June 26.

The petitioners said that the dress code and the ban on hijab, niqab, burqa etc. on the campus violates their fundamental rights.

The girl students argued that the dress code is arbitrary and discriminatory. The college's order to implement the dress code is wrong.

"The code violates their right to choice of dress, their right to privacy and freedom of expression under Article 19(1)(a) and their right to freedom of religion under Article 25 of the Constitution," they said.