A Bench of Justices Sanjiv Khanna and PV Sanjay Kumar has issued a notice on the petition challenging the ban. The court has partly stayed the clause of the circular that directed students not to wear hijab, caps or badges.
NEW DELHI: Today (9th Aug): The Supreme Court has slammed a Mumbai college for imposing a ban on students wearing burqa, hijab or niqab on campus. The court has partly stayed the directive issued by the institution.
READ ALSO: Bombay HC Declines to Interfere in Mumbai College’s Hijab, Burka, and Naqab Ban Decision
A Bench of Justices Sanjiv Khanna and PV Sanjay Kumar has issued a notice on the petition challenging the ban. The court has partly stayed the clause of the circular that directed students not to wear hijab, caps or badges.
During the hearing, the court questioned the rationale behind the decision and said the students should be allowed to wear what they want.
Justice Kumar remarked
“How are you empowering women by telling them what to wear? Less said the better. Where is the choice for the woman? You have suddenly woken up to the fact that they are wearing it. It is unfortunate that these all being said after so many years of independence and you say religion is there in this country.”
Justice Khanna also said
“Religion is there in the names also. Do not impose such rules.”
The Bench was hearing a plea challenging the Bombay High Court verdict that upheld the ban imposed by the Chembur (Mumbai) college on students wearing burqa, hijab or niqab on campus.
The petition has been drafted by Advocate Hamza Lakdawala and filed through Advocate Abiha Zaidi.
In the Supreme Court hearing, Justice Khanna questioned the college’s dress code policy, asking,
“Will you say that somebody wearing tilak will not be allowed?”
In response, Divan, the college’s lawyer, submitted that 441 Muslim students are “happily attending” the college and the objection was raised only by a few Muslim students. She added that the students have not been wearing the hijab always.
At this point, Justice Kumar posed a question, asking,
“Will it not be up to the girl what she wants to wear?”
These exchanges highlight the court’s probing of the college’s stance and the potential implications of the dress code policy on students’ right to choose their attire, particularly in the context of religious expression.
READ ALSO: “Hijab Ban Part of Dress Code Not Against Muslims”: Mumbai College Tells HC
The appellants have argued that the college, affiliated to Mumbai University and aided by the State of Maharashtra, had no power and authority under any law to issue such restrictions.
They have also contended that the restriction violates Article 15 of the Constitution as it creates a hostile environment for female students, particularly from the Muslim faith, and deprives them of equal opportunity.
Background
The Chembur Trombay Education Society’s N G Acharya and D K Marathe College introduced a new dress code policy in June 2023. This policy prohibits the wearing of religious attire such as burqas, niqabs, hijabs, and any other religious identifiers like badges, caps, or stoles within the college premises.
The college justified the hijab ban by stating that the dress code is intended to maintain discipline and achieve uniformity among students, thereby avoiding the disclosure of religion. They argued that this ensures a focus on academics without religious distinctions. The college’s stance is supported by a Karnataka High Court ruling that stated that wearing a hijab or niqab is not an essential practice of Islam.
Nine female students from the college challenged the dress code in the Bombay High Court, arguing that the hijab and niqab are integral to their religious beliefs and that the college’s restrictions impede their access to education. They claimed that their fundamental rights to freedom of expression and religion, under Articles 19(1)(a) and 25 of the Indian Constitution, were being violated.
On June 26, the Bombay High Court upheld the college’s dress code, ruling that it does not violate the students’ fundamental rights. The court supported the college’s objective to maintain discipline and uniformity, which is considered part of the institution’s right to establish and administer educational facilities.
The court also dismissed the argument that the dress code violates UGC regulations, Rashtriya Uchhastar Shiksha Abhiyan, and the National Education Policy, stating that these guidelines promote a non-discriminatory atmosphere in higher educational institutions.
The petitioners have now taken their challenge to the Supreme Court, which will hear their plea on August 9. The top court’s decision on this matter could have significant implications for educational institutions across India regarding dress codes and religious expression.
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