Supreme Court Partially Stays Hijab Ban at Mumbai College, Questions Restrictions on Women’s Clothing Choices.

On Friday the supreme court partially stayed a ban on hijab imposed by the private colleges in Mumbai while hearing the petition filed by a group of students.

The Supreme Court on Friday intervened in a case involving a controversial dress code policy at NG Acharya & DK Marathe College in Mumbai’s Chembur. The college had recently imposed a ban on the wearing of burqas, hijabs, niqabs, caps, stoles, and badges by students on campus, sparking widespread debate and concern.

Nine female students challenged the ban, leading to a hearing before a bench comprising Justices Sanjiv Khanna and PV Sanjay Kumar. In response, the Court issued a partial stay on the college’s directive, permitting the wearing of hijabs, caps, and badges, while expressing hope that its order would not be misused.

Background of the petition:

In Maharashtra, a group of college students challenged a dress code that bans religious attire like hijabs, niqabs, and burqas, arguing it violates their fundamental rights. Initially, the Bombay High Court dismissed their plea, stating the dress code only applied on campus and didn’t infringe on their freedoms.

However, the students have now taken their fight to the Supreme Court.They argue the dress code is discriminatory, infringing on their right to choose their attire, express their religious identity, and maintain their privacy under Article 19(1)(a) and Article 25 of the Constitution.

The case raises important questions about balancing institutional policies with individual rights in a diverse society like India. As the Supreme Court reviews the appeal, the outcome could set a significant precedent for the protection of religious and personal freedoms within educational institutions.

Legal arguments and courts decision:

The case was heard by a Supreme Court bench comprising Justices Sanjiv Khanna and PV Sanjay Kumar, who partially stayed the college’s order on Friday, allowing the wearing of hijabs, caps, and badges.During the hearing, Senior Advocate Madhavi Divan, representing the college, expressed concerns that if the petitioners were permitted to wear hijabs and burqas, it could provoke other students to wear saffron shawls as a form of political protest. The college was wary of such a scenario and wanted to prevent any potential disruption.

The bench, however, questioned the college’s reasoning. “Will you also ban girls from wearing a bindi or tilak?” the judges asked, highlighting the selective nature of the restrictions. The college’s lawyer argued that with 441 students from the Muslim community, the wearing of veils or similar clothing created a barrier between them and others.

The college had even set up changing rooms for students to remove their hijabs or burqas before entering the premises.The court, while acknowledging the college’s concerns, also emphasised the social and cultural pressures that might compel these students to wear such attire. Justice Kumar expressed dismay at the imposition of such a ban in contemporary India, remarking, “How are you empowering women by dictating what they should wear? The choice of attire should be left to the girls themselves.

“The college had argued that the ban was intended to maintain a secular environment by preventing the disclosure of students’ religious identities. However, the court pointed out that religion is often apparent from a person’s name and cautioned against enforcing such rigid rules.While the court maintained that wearing a burqa in class would not be allowed, it partially stayed the college’s circular, emphasising that the interim order should not be misused. The case is set to be revisited in the week starting November 18.