The Supreme Court of India has issued an interim order staying the hijab ban imposed by NG Acharya & DK Marathe College in Mumbai. The ruling came during a hearing of a petition filed by the college’s students challenging the ban on wearing hijabs, caps, and badges on campus.
“Don’t Impose Such a Rule”: SC Bench Expresses Surprise
A bench consisting of Justices Sanjiv Khanna and Sanjay Kumar expressed surprise at the college’s restriction, with Justice Khanna questioning the rationale behind the rule. “What is this? Don’t impose such a rule… what is this? Don’t reveal religion?” he said, highlighting concerns over the college’s intention to prevent the disclosure of students’ religious affiliations through their attire.
He further probed the college’s rationale, asking, “Will their names not reveal religion? Will you ask them to be identified by numbers?” He emphasised the importance of allowing students to study together without such divisive regulations.
College’s Autonomy vs. Students’ Rights
Senior Advocate Madhavi Divan, representing the college, argued that as a private institution, the college had the autonomy to enforce its dress code. However, Justice Kumar challenged this by pointing out that the college had operated since 2008 without such restrictions, questioning the timing and necessity of the new rules.
SC Stays Ban, Allows Hijabs, Caps, and Badges
The Supreme Court agreed that face-covering veils, such as nakabs or burkhas, could be a barrier to classroom interaction and upheld the prohibition on such attire. However, it stayed the broader ban on hijabs, caps, and badges, allowing students to wear them on campus until further notice.
Background: Bombay High Court’s Verdict
The controversy began when the Bombay High Court dismissed petitions from nine female students challenging the dress code, upholding the college’s policy aimed at preventing the disclosure of students’ religious identities and maintaining uniformity.
The High Court’s decision referred to the Karnataka High Court’s judgment in Resham vs State of Karnataka, which upheld a similar dress code excluding hijabs.
