The Supreme Court on Friday stayed a circular by a private college in Mumbai banning the wearing of Hijab, badges or caps by students on campus till November 18. “Will you ban girls wearing bindi or tilak,” a bench of Justices Sanjiv Khanna and Sanjay Kumar said.
“What is this? Don’t impose such a rule..what is this? Don’t reveal religion?” Justice Khanna asked referring to the college’s reasoning that the rule was imposed so that the religion of the students is not revealed, a Live Law report said.
“Will their names not reveal religion? Will you ask them to be identified by numbers?” Justice Kumar asked.
The top court passed the interim order while hearing a petition filed by Muslim women students of NG Acharya and DK Marathe College of Mumbai.
During the hearing, senior Advocate Madhavi Divan appearing for the private college said that 441 Muslim students are “happily attending” the college and the objection was raised only by a few Muslim students.
“Will it not be up to the girl what she wants to wear?” Justice Kumar asked.
Divan then argued that face-covering nakabs/burkha are barriers to interaction, to which the bench agreed. The apex court noted that face-covering veils cannot be allowed in class.
The Bombay High Court had, on June 26, dismissed petitions filed by nine female students challenging the dress code issued by authorities of NG Acharya and DK Marathe College, which prohibited students from wearing hijab, nakab, burkha, stole, cap, etc. on campus.
Muslim women students had then filed a plea in the Supreme Court challenging Bombay High Court’s judgement.
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