The Supreme Court on Friday partially stayed a circular issued by Chembur College in Mumbai by which it had banned students wearing hijab, stole, or cap on the campus.
A bench of Justices Sanjiv Khanna and Sanjay Kumar issued notice on the petition challenging the ban and stayed the ban on hijab and caps.
In its order, the bench stated, “We issue a notice in the week commencing November 18. We partly stay clause 2 of the impugned circular to the extent that it directs that no hijab, no cap, and no badges will be allowed. We hope and trust this interim order is not misused by anybody.”
During the hearing, the bench expressed surprise at the condition imposed by the college and questioned the rationale behind the decision.
The apex court said the students should be allowed to wear what they want to and the decision of the college would work against empowering women.
The bench said to senior advocate Madhvi Divan appearing for the college, “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…”
The college’s counsel said that it does not want the religion of students to be revealed.
To this, Justice Khanna said, “Religion is there in the names also. Do not impose such rules.”
“Will you say that somebody wearing bindi or tilak will not be allowed?” asked Justice Khanna from Divan.
Divan then told the bench that face-covering nakabs/burkha are barriers to interaction with students.
The apex court agreed that face-covering veils cannot be allowed in class and it did not interfere with that part of the instructions preventing wearing naqab or burqa.
An appeal was filed against the Bombay High Court order upholding the ban by a Chembur college on students wearing a burqa, hijab, niqab, stole, or cap on the campus.
The order of the High Court was challenged in the apex court.
In June, the Bombay High Court dismissed the plea filed by a group of girl students challenging the ban imposed by a college in Mumbai on wearing hijab, niqab, burkha, stole, caps, or any kind of badge in the classroom.
It had said that it was not inclined to interfere in the decision of the college administration.
The students were from Chembur Trombay Education Society’s NG Acharya and DK Marathe College.
The second and third years of B.Sc and B.Sc (Computer Science) programmes had claimed that the new dress code violates their fundamental rights to privacy, dignity, and religious freedom.
The college had told the High Court that the ban applies to all religious symbols and is not targeted at Muslims.
The High Court in its order had stated, “We are satisfied that the instructions issued by the College under which a dress code has been prescribed for its students does not suffer from any infirmity so as to violate provisions of Article 19(1)(a) and Article 25 of the Constitution of India. The object behind issuing the same is that the dress of a student should not reveal his/her religion which is a step towards ensuring that the students focus on gaining knowledge and education which is in their larger interest.” (ANI)
