The Supreme Court of India has partly stayed a Mumbai college’s circular banning the hijab, burqa, cap, and naqab on campus, affirming that girl students should have the freedom to choose their attire.
The bench, comprising Justices Sanjiv Khanna and Sanjay Kumar, ruled that educational institutions cannot impose restrictions on students’ clothing choices. “Girl students must have freedom of choice in what they are wearing, and the college cannot force them,” the court stated. The bench expressed disapproval of the college’s stance, remarking, “It’s unfortunate that you suddenly wake up to know that there are many religions in the country.”
The court issued a notice to the Chembur Trombay Education Society, which oversees N G Acharya and D K Marathe College, demanding a response by November 18. The court questioned why the college had not banned ’tilak’ and ‘bindi’ if the goal was to prevent the disclosure of students’ religious identities.
Senior advocate Madhavi Diwan, representing the educational society, was challenged by the bench on the implications of the dress code. The court also clarified that while the ban on religious attire like hijab and burqa in classrooms will be stayed, no religious activities will be permitted on campus.
The Supreme Court’s interim order emphasizes that it should not be misused. The educational society and the college have been granted the liberty to approach the court if there are concerns about misuse of the order.
The court was addressing a plea challenging a Bombay High Court verdict that upheld the college’s decision to ban hijab, burqa, and naqab. Petitioners, including Zainab Abdul Qayyum, argued that the ban had prevented students from attending classes. Senior advocate Colin Gonsalves and advocate Abiha Zaidi represented the petitioners in court.
