New Delhi: The Supreme Court on Friday (August 9) has put a hold on a Mumbai college’s ban on wearing hijabs, caps, or badges on campus, Live Law reported.
The court’s interim order came while hearing a petition from Muslim women students at N.G. Acharya & D.K. Marathe College. The students challenged the Bombay high court’s decision upholding the college’s instructions.
The Supreme Court bench of Justices Sanjiv Khanna and Sanjay Kumar expressed surprise at the college’s rule, questioning why it was imposed and how it would work. They pointed out that names and other factors could also reveal a student’s religion. The judges emphasised the importance of letting students study together and wear what they choose.
“What is this? Don’t impose such a rule.. what is this? Don’t reveal religion?” Justice Khanna said, the Live Law report mentioned.
“Will their names not reveal religion? Will you ask them to be identified by numbers?” Justice Kumar asked, as per Live Law.
“Let them study together,” added Justice Khanna, as per the report.
The college argued that the rule was meant to prevent revealing students’ religions, but the court countered that empowering women means letting them decide what to wear.
“Will you say that somebody wearing tilak will not be allowed?” Justice Khanna asked.
“Will it not be upto the girl what she wants to wear?,” Justice Kumar was quoted as saying by Live Law.
AdvertisementFurther, Justice Khanna asked, “How are you empowering women by telling them what to wear?”
Further, the bench noted that family backgrounds and cultural expectations should be considered.
“Family members may say wear it and go and they have to wear,” the bench was quoted as saying by Live Law.
While the court stayed the circular, it allowed the college to seek modifications if the order is misused. The case will be heard again in November.
As The Wire reported earlier, the college issued a notice on June 27 titled “dress code and other rules” which said that nakab, hijab, burkha, stole, cap, badge etc. are not allowed.
“Students should wear formal and decent dress while on campus. They can wear a half-shirt or full-shirt and trousers. Girls can wear any Indian or western outfit. Students shall not wear any dress which shows religion or cultural disparity. Nakab, hijab, burkha, stole, cap, badge etc. shall be removed by going to common rooms on the ground floor and then only they can move throughout the college campus,” states the notice, signed by the principal of the college Dr. Vidyagauri Lele, reported The Indian Express.
Justifying the move, Lele had said that the dress code was in place because the college administration is preparing them to be ‘ready for the corporate world.’
