The Supreme Court of India has issued an interim order staying the hijab ban imposed by NG Acharya & DK Marathe College in Mumbai, delivering a significant victory for the students who challenged the restrictions. The court's decision came during a hearing on a petition filed by students contesting the college's ban on wearing hijabs, caps, and badges on campus.
A bench comprising Justices Sanjiv Khanna and Sanjay Kumar expressed strong reservations about the college's decision to impose such restrictions. Justice Khanna, in particular, questioned the logic behind the ban, asking why the college had not extended the prohibition to other religious markers like tilaks and bindis if the intention was truly to enforce a uniform dress code.
"Can you say someone wearing a tilak will not be allowed? This is not part of your instructions?" Justice Kumar queried, highlighting the selective nature of the ban. He further criticized the college's rationale, asking, "What is this? Don?t impose such a rule? what is this? Don?t reveal religion? Will their names not reveal religion? Will you ask them to be identified by numbers?" His remarks underscored the importance of inclusivity and the need for students to study together without such divisive regulations.
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Representing the college, Senior Advocate Madhavi Divan argued that as a private institution, the college had the autonomy to enforce its dress code. However, Justice Kumar countered this by questioning why the college had operated without such restrictions since its inception in 2008, and why the rules were suddenly deemed necessary.
While the Supreme Court upheld the prohibition on face-covering veils like niqabs and burqas, citing them as potential barriers to classroom interaction, it stayed the broader ban on hijabs, caps, and badges. This interim order allows students to wear these items on campus until further notice, providing them with a reprieve from the contentious restrictions.
The controversy began on May 1, when NG Acharya & DK Marathe College issued a notice via its official WhatsApp group, outlining a new dress code that banned the wearing of hijabs, niqabs, burqas, caps, badges, and stoles on campus. The students affected by this directive initially approached the college management and principal, requesting the withdrawal of these restrictions, arguing that the ban violated their rights to choice, dignity, and privacy in the classroom.
When their pleas were ignored, the students escalated the issue to higher authorities, including the chancellor and vice-chancellor of Mumbai University, as well as the University Grants Commission, seeking intervention to ensure non-discriminatory education. Despite their efforts, they received no response, prompting them to file a petition in the Bombay High Court.
In the high court, the petitioners' advocate, Altaf Khan, cited verses from the Quran to argue that wearing a hijab is an essential part of Islam. The plea characterized the college's action as "arbitrary, unreasonable, bad-in-law, and perverse." In defense, the college management claimed the ban was a measure to enforce a uniform dress code and maintain discipline, denying any intent to discriminate against the Muslim community. Senior counsel Anil Anturkar, representing the college, asserted that the dress code applied uniformly to students of all religions and castes.
