Supreme Court Blocks Mumbai College’s Hijab Ban, Questions Dress Code Rationale
The Supreme Court has intervened in a dispute over a Mumbai college’s dress code, which had banned students from wearing hijabs, burqas, or niqabs on campus. The Court issued a partial stay on the college’s directive and questioned its underlying rationale [Zainab Abdul Qayyum Choudhary and Others v. Chembur Tromboy Education Society, NG Acharya and DK Marathe, College of Art, Science and Commerce and Others].
On Friday, Justices Sanjiv Khanna and PV Sanjay Kumar criticized the college’s decision and partially stayed the ban, specifically regarding hijabs and caps. The Court has scheduled further proceedings for the week commencing November 18 and expressed concern over the potential misuse of its interim order.
During the hearing, the Court challenged the college’s justification for the ban, which was intended to prevent the disclosure of students’ religious affiliations and maintain focus on education. Justices Khanna and Kumar argued that imposing such restrictions undermines women’s empowerment and questioned why the college should dictate students’ attire.
Justice Kumar criticized the ban, stating, “How are you empowering women by telling them what to wear? Where is the choice for the woman?” He also noted that religion is often evident through names and questioned the necessity of the rule.
The college’s stance, represented by Senior Advocate Madhavi Divan, claimed that the ban was meant to prevent barriers to interaction. However, the Court was unconvinced by this argument and questioned the sudden implementation of the dress code.
Senior Advocate Colin Gonsalves, representing the petitioners, argued that the college’s restrictions were unjustified, particularly as students had been wearing hijabs for years without issue. The petitioners also contended that the ban violated Article 15 of the Constitution, which prohibits discrimination, and created a hostile environment for female students of the Muslim faith.
The issue arose after nine students from NG Acharya and DK Marathe College challenged the new dress code, which had been announced for the academic year beginning in June. The Bombay High Court had previously upheld the college’s decision, prompting the students to appeal to the Supreme Court. The Court’s interim order aims to address the balance between institutional autonomy and individual rights.
(With inputs from agency)
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