SC raps Mumbai college for hijab ban on campus

New Delhi, Aug 9 Observing that women should be free to decide what to wear, the Supreme Court on Friday slammed a private college in Mumbai for imposing a ban on wearing burqa, hijab, niqab, stoles, badges or caps on campus and directed it to withdraw such instructions. However, the curbs on using these dresses in classrooms were not diluted by the court.

“How are you empowering women by telling them what to wear?” the court asked the college, noting that it was unfortunate that such a ban was being discussed even after so many years of independence.

A bench comprising Justice Sanjiv Khanna and Justice Sanjay Kumar partially stayed the instructions issued by N G Acharya and D K Marathe College banning the wearing of hijab, caps, or badges by students on campus.

However, the bench agreed with college’s statement that face-covering niqabs/burqas were barriers to interaction and said that face-covering veils could not be allowed in class and did not interfere with that part of the instructions preventing the use of niqabs.

The Court passed the interim order while hearing a petition filed by Muslim women students challenging the Bombay High Court Judgment which upheld the college’s diktat.

The Court expressed its surprise at the condition imposed by the college. “What is this? Don’t impose such a rule. Don’t reveal religion?” Justice Khanna said referring to the college’s reasoning that the rule was imposed so that the religion of the students is not revealed.

Justice Kumar asked the college that since when they had been functioning.

Appearing for the college Senior Advocate Madhavi Divan said, that the college had been in existence since 2008,

Justice Kumar asked, “All these years you did not have the instructions and suddenly you realise that there is religion. Unfortunately, you come up with such instructions after so many years,” the judge remarked.

“Will you say that somebody wearing ‘tilak’ will not be allowed?” Justice Khanna asked.

“Let them study together,” added Justice Khanna.

Justice Khanna asked, “How are you empowering women by telling them what to wear?”

“Will their names not reveal religion? Will you ask them to be identified by numbers?” Justice Kumar asked.

Divan, said that it was a private institution, 441 Muslim students are “happily attending” the college.

The objection was raised only by a few Muslim students who were not wearing hijab earlier.

“Will it not be up to the girl to decide what she wants to wear?” Justice Kumar asked

“The authorities must understand the background the students ” there might be pressure from the Family members to wear the hijab,” Justice Khanna said.

“Don’t ask them to leave the college,” said Justice Khanna, while staying the circular of the college, clarified that the stay order should not be misused by anybody and allowed the college authorities to seek the modification of the order if there is any such misuse.

The bench issued notice on the petition returnable in the week commencing from November 18.

Senior Advocate Dr Colin Gonsalves appeared for the petitioner.

The petitioners said that imposing a dress code is arbitrary and discriminatory, infringing upon their right to choose their attire, privacy, and expression under Article 19(1)(a) and freedom of religion under Article 25 of the Constitution.