August 9th 2024.
In a recent development, the Supreme Court has partially suspended a circular issued by a college in Mumbai, which banned the wearing of hijab, burqa, cap, and naqab on its campus. The court emphasized that girl students should have the freedom to choose their attire and educational institutions cannot impose their preferences on them.
A bench comprising of Justices Sanjiv Khanna and Sanjay Kumar has issued a notice to the Chembur Trombay Education Society, which operates the N G Acharya and D K Marathe College. The society has been asked to present its response by November 18th. The court expressed disappointment that the college had suddenly taken notice of the diverse religions in the country and questioned why it had not banned other religious symbols such as tilak and bindi.
The bench further highlighted that the students' names could also reveal their religious identity, and therefore, the ban on clothing items was unjustified. The court clarified that while it allows the students to exercise their freedom of choice in terms of attire, burqas cannot be worn inside the classroom and no religious activities can be conducted on the campus.
The court has cautioned against any misuse of its interim order and granted the educational society and the college the liberty to approach the court in case of any such incidents. This ruling comes after a plea was filed challenging a Bombay High Court verdict that upheld the college's decision to prohibit the wearing of hijab, burqa, and naqab.
Senior advocate Colin Gonsalves and advocate Abiha Zaidi, who represented the petitioners, including Zainab Abdul Qayyum, argued that the ban had hindered students from attending classes. The college administration has been given a strict warning to not misuse the court's decision, and the case will continue to be heard in the coming days.
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