Lagatar24 Desk
New Delhi: The Supreme Court has strongly criticized a Mumbai college for imposing a ban on students wearing burqas, hijabs, and other religious attire on campus. The court questioned how the college was empowering women by restricting their clothing choices, expressing dismay that such bans are being enforced even decades after India’s independence.
The bench, comprising Justices Sanjiv Khanna and PV Sanjay Kumar, heard a petition filed by nine female students challenging the ban imposed by NG Acharya & DK Marathe College in Chembur. The college had prohibited students from wearing burqas, hijabs, niqabs, caps, stoles, and badges on campus. In response, the court partially stayed the order, allowing the wearing of hijabs, caps, and badges, and emphasized that it expected the interim order to be respected and not misused.
During the hearing, Senior Advocate Madhavi Divan, representing the college, argued that allowing the petitioners to wear religious attire could provoke other students to wear saffron shawls as a political statement, which the institution wanted to avoid. The court responded sharply, asking, “Will you ban girls wearing a bindi or tilak?” and questioned the college’s approach.
The college further contended that religious attire like veils or hijabs could create a barrier between students from different communities. They mentioned that changing rooms had been provided for students to remove their hijabs or burqas before entering the campus. However, the court expressed concern over the potential conflict between students’ family expectations and the college’s rules, highlighting the importance of allowing all students to study together without imposing such restrictions.
Justice Kumar pointedly asked, “How are you empowering women by telling them what to wear? What girls want to wear should be left to them. Where is their choice?” He lamented that it was unfortunate to see such discussions happening so long after India gained independence.
The college argued that the ban was also intended to prevent the disclosure of students’ religion, to which the court responded that religion can be inferred from names as well, making such rules unnecessary and counterproductive.
Ultimately, the court ruled that while wearing a burqa in class may not be permissible, it partially stayed the college’s circular, allowing the wearing of hijabs, caps, and badges. The court issued a notice for further proceedings commencing the week of November 18 and stressed that the interim order should not be exploited.
The students approached the Supreme Court after their petition was dismissed by the Bombay High Court, seeking relief from what they viewed as an infringement on their rights.
