On Friday, August 9, the Supreme Court issued a stay on a directive from a private college in Mumbai that had prohibited students from wearing hijabs, caps, or badges on campus.
The Court has instructed the college not to enforce the ban until November 18.
This interim order was issued while the Court was considering a petition filed by Muslim women students from NG Acharya & DK Marathe College in Mumbai, challenging the Bombay High Court’s decision which had upheld the college’s ban.
Also Read: Supreme Court To Review August 9 Appeal Against Bombay HC’s Burqa And Hijab Ban Ruling
During the stay of the circular, Justices Sanjiv Khanna and Sanjay Kumar questioned, “Will you ban girls from wearing bindis or tilak?
When the college argued that the rule was intended to prevent the revelation of students’ religions, the Court responded, “What is this? Don’t impose such a rule. What is this? Don’t reveal religion?”
The Court further questioned, “Will their names not reveal religion? Will you ask them to be identified by numbers?”
Subsequently, the Court ruled to stay the circular, stating, ‘There will be stay of the Circular to the extent that it directs no hijab, cap or badge shall be worn.’
Defense of the College
In its defense, the private college argued that permitting Muslim students to wear hijabs would make it difficult to prevent Hindu students from wearing saffron shawls, potentially sparking a political controversy.
Further, the college also claimed that it has 441 Muslim female students, except three petitioners, none were against the rule.