Supreme Court criticizes Mumbai college for hijab ban, stays dress code directive

New Delhi, Aug 09: The Supreme Court on Friday sharply criticized a Mumbai college for enforcing a ban on students wearing burqa, hijab, or niqab on campus, and issued an interim order staying the controversial directive, The bar & Bench reported.

The college, NG Acharya and DK Marathe College of Arts, Science, and Commerce in Chembur, had issued the ban as part of a new dress code, which had been upheld by the Bombay High Court earlier. The High Court had stated that the directive aimed to prevent the disclosure of a student’s religion, thereby allowing them to focus solely on their education.

A Bench of Justices Sanjiv Khanna and PV Sanjay Kumar, while hearing the petition challenging the ban, expressed strong reservations about the college’s rationale. "How are you empowering women by telling them what to wear? Less said the better. Where is the choice for the woman? You have suddenly woken up to the fact that they are wearing it. It is unfortunate that these things are being said after so many years of independence, and you say religion is there in this country," Justice Kumar remarked, according to Bar & Bench.

The Court partially stayed the college's directive, specifically the clause that prohibited hijabs, caps, and badges on campus. The Bench issued notice on the petition and scheduled further hearings for the week commencing November 18. "We hope and trust this interim order is not misused by anybody," the Court cautioned.

The petitioners, represented by Senior Advocate Colin Gonsalves, argued that the students had been wearing the hijab for four years without issue, and that the ban had led to them being barred from attending classes. Gonsalves emphasized that only a small number of Muslim students—three out of 441—had expressed a desire to wear the hijab, underscoring that the college’s ban was unnecessary and discriminatory.

In response, Senior Advocate Madhavi Divan, representing the college, defended the ban, stating that the niqab created a barrier to interaction and that the college sought to maintain uniformity among students. However, the Court was unconvinced, questioning why the decision was made abruptly and whether similar restrictions would apply to other religious symbols, such as tilaks or bindis.

Justice Kumar further commented that such rule-making by educational institutions must stop, highlighting the importance of allowing students the freedom to choose their attire, especially when it does not disrupt the learning environment.

The Supreme Court's stay on the dress code directive offers temporary relief to the students, with the case set to continue in the coming weeks.