The Supreme Court on Friday (August 9) stayed the instruction issued by a private college in Mumbai banning the wearing of hijab, cap or badges by students on campus. The Court issued the temporary order while considering a petition from three Muslim women students of NG Acharya & DK Marathe College in Mumbai.
The court questioned the college’s decision, asking how banning certain clothing helps empower women.
During the hearing, the court said, “How does restricting what girls wear empower them? What they choose to wear should be their decision. It’s unfortunate that, after so many years, we are still dealing with such bans.”
The court told the college that students should have the freedom to choose their clothing and that the college cannot impose such restrictions. It criticized the college for focusing on banning hijabs and not addressing other religious symbols like ’tilak’ or ‘bindi.’
The court asked senior advocate Madhavi Diwan if the students’ names would not reveal their religious identity.
However, the court stated that burqas are not allowed in classrooms and that no religious activities can be permitted on campus. It advised the college to approach the court if there is any misuse of the interim order.
The Supreme Court was reviewing a challenge to a Bombay High Court decision that upheld the college’s ban on hijabs, burqas, and naqab. Petitioners, including Zainab Abdul Qayyum, argued that the ban prevented students from attending classes.
The Supreme Court’s order temporarily blocks the part of the college’s rule that restricts wearing hijabs or caps. It has issued a notice in response to the students’ petitions and stressed that the order should not be misused. The next hearing is set for the week starting November 18.
