Mumbai college hijab ban: Supreme Court partly stays directive

Earlier, a group of students had challenged a Bombay High Court order upholding the directive, which was issued by the N G Acharya & D K Marathe College in Mumbai.

New Delhi: The Supreme Court on Friday stayed a Mumbai college's circular, which banned wearing of hijab, nakab, cap or religious badges by students inside classrooms.

A bench of Justices Sanjiv Khanna and Sanjay Kumar pulled up the college authorities for issuing such a circular even as senior advocate Madhavi Divan, appearing for the institution, contended it was for the authorities tp not let anybody make the college a playground for political and religious activity.

"What is this instruction? Don't wear anything which reveals religious identity. Will the names not reveal religious identity," the bench asked the counsel.

Divan said these are barriers to interaction and the college is a co-ed private unaided institution whose autonomy can't be taken away. The students have not always been wearing it. It is only three girls who have problems with it, she said.

She also said other students who had problem with the circular took admission to other colleges. The bench said, "if it was so, then it is sad".

"Will it not upto the girl what she wants to wear. Can you say someone wearing a 'tilak' be not allowed," the bench asked the counsel.

The bench subsequently said it would stay the circular.

The court also asked the college authorities as to why so many years after Independence, it suddenly decided to issue a circular that was not inclusive of all religions. The counsel said the college was established in the year 2008.

The court stayed issued notice and fixed the matter for consideration in November 18, 2024.

The bench, however, clarified that burqa can't be permitted in classes.

"We hope that this order will not be misused by anybody," the bench said, as the counsel insisted that Hindu groups may wear saffron shawls.

Senior advocate Colin Gonsalves appeared for the girl students aggrieved with the circular.

The college students had earlier challenged the Bombay High Court's judgment which upheld the ban.

The N G Acharya & D K Marathe College in Mumbai had prescribed the dress code prohibiting their students from wearing hijab, nakab, burkha, stole, cap, etc, on campus.

Nine female students challenged this dress code before the Bombay High Court.

A bench of Justices A S Chandurkar Rajesh S Patil had on June 26 refused to entertain the plea.

The HC had said that the insistence for following the dress code is within the college premises and the petitioners' freedom of choice and expression was not otherwise affected by such a direction.

Thereafter, the students moved the top court by filing an appeal before it by challenging the HC's order.

The petitioners contended the dress code and the restriction on hijab, nakab, burka etc in the campus violates their fundamental rights.

As per the code, the dress of the students is expected to be formal and decent and should not reveal the religion of any student.

Students contended that the dress code was arbitrary and discriminatory and the college was wrong in its order in trying to impose a dress code.

They stated, "The code infringes upon their right to choose their attire, 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."