“Don’t Their Name Reveal Their Religion?” The Supreme Court on the Ban of Hijab in Mumbai Colleges
Image Credits: Webdunia English
Authorities in NG Acharya and DK Marathe have restricted the wearing of hijabs, caps, and badges. Nine female students filed a petition against this restriction in the Bombay High Court, but on June 26, the court rejected their petition.
The Supreme Court of India has issued a partial stay on the Bombay High Court’s judgment, which upheld private colleges in Mumbai’s decision to ban the wearing of hijab, caps, or badges by students inside the campus. The petition was filed by three Muslim women students from NG Acharya and DK Marathe Colleges in Mumbai. The bench asked, “Will you say that somebody wearing a tilak will not be allowed on the campus?”
The bench, consisting of Justice Sanjiv Khanna and Justice Sanjay Kumar, expressed shock at the decision made by the colleges. “Don’t their names reveal their religion?” Justice Sanjay Kumar added. He also questioned whether the students were to be given numbers so that their religion would not be revealed.
When Justice Kumar inquired about the college’s establishment, Senior Advocate Madhavi Divan confidently stated that the college has been operational since 2008, to which the judge commented that it’s regrettable that after numerous years of independence, there’s suddenly a recognition of the influence of religion.
Advocate Madhavi Divan asserted that the overwhelming majority of students are in support of this order, and 441 Muslim women students are actively and happily attending their classes. “Students should study together, and it’s pathetic. How does dictating what women should wear empower them?” Justice Khanna responded.
“Will you say that somebody wearing a tilak will not be allowed?” Justice Khanna asked Divan.
Justice Khanna also suggested that authorities should consider the background of each student and the influence of their family members when enforcing rules such as dress codes. He emphasized that students should not be asked to leave the campus due to dress code violations. Instead, the focus should be on providing proper and quality education as a solution to this issue. The freedom of choice in their attire is the right of each citizen.
Divan argued that face-covering niqabs or burqas hinder interaction. The court agreed that veils cannot be worn in class. Furthermore, the bench granted the college authorities the right to request a modification of the order in case of misuse of the stay by anyone. The next hearing is scheduled for November 18, 2024.
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