A plea has been filed in the Supreme Court challenging the Bombay High Court’s decision to uphold NG Acharya and DK Marathe College’s ban on burqas, hijabs, and niqabs. The Supreme Court Bench, including Chief Justice DY Chandrachud, will hear the case.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: A plea has been filed in the Supreme Court of India challenging the Bombay High Court’s decision to uphold a ban imposed by a Chembur-based college on students wearing burqas, hijabs, or niqabs on its campus. The college in question, NG Acharya and DK Marathe College, had enforced a new dress code prohibiting religious attire as part of its formal policy for the new academic year.
The Bench, consisting of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra, has agreed to hear the case.
“Yes, we will schedule a date for this case and hear it.”
-the Court affirmed.
Nine students from the college had initially approached the Bombay High Court to contest the notice issued by the institution. The notice mandated that students adhere to a dress code that did not reveal their religion, specifying:
“Students must adhere to the college’s dress code, which requires formal and modest attire that does not indicate religious affiliation. This means no burqas, niqabs, hijabs, caps, badges, or stoles are permitted. Boys should wear full or half shirts with regular trousers, while girls may choose any non-revealing Indian or Western attire. Changing rooms are available for girls.”
The plea argues that the college, affiliated with Mumbai University and funded by the State of Maharashtra, lacks the authority to impose such restrictions.
ALSO READ: “Hijab Ban Part of Dress Code Not Against Muslims”: Mumbai College Tells HC
It contends that the notice infringes on the students’ rights, emphasizing that-
“Wearing a niqab and hijab is an essential aspect of the petitioners’ religious beliefs and represents their personal choice and right to privacy, allowing them to continue wearing these items in the classroom.”
The petitioners further highlighted that the University Grants Commission (UGC) guidelines are designed to enhance access to higher education for marginalized communities, including Scheduled Castes, Scheduled Tribes, OBCs, Muslims, and others. They also pointed out that the National Education Policy promotes inclusivity, implying that such dress code restrictions run contrary to these objectives.
The Bombay High Court, however, dismissed the plea. A Bench of Justices AS Chandurkar and Rajesh Patil supported the college’s directive, noting its intent to prevent the display of religious affiliation, thereby allowing students to concentrate on their education.
“The purpose of this dress code is to ensure that students’ attire does not indicate their religion, aiming to keep their focus on acquiring knowledge and education, which serves their broader interests.”
-the Court stated.
