The Supreme Court of India has issued an interim order staying the hijab ban imposed by NG Acharya & DK Marathe College in Mumbai. The ruling came during a hearing of a petition filed by the college’s students challenging the ban on wearing hijabs, caps, and badges on campus.

“Don’t Impose Such a Rule”: SC Bench Expresses Surprise

As reported by Live Law, a bench consisting of Justices Sanjiv Khanna and Sanjay Kumar expressed surprise at the college’s restriction, with Justice Khanna questioning why it had not extended the ban to other markers of religion, such as tilak and bindi, if the intention was 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 asked, as per Live Law.

“What is this? Don’t impose such a rule… what is this? Don’t reveal religion?” he further asked.

He further probed the college’s rationale, asking, “Will their names not reveal religion? Will you ask them to be identified by numbers?” He emphasised the importance of allowing students to study together without such divisive regulations.

College’s Autonomy vs. Students’ Rights

Senior Advocate Madhavi Divan, representing the college, argued that as a private institution, the college had the autonomy to enforce its dress code. However, Justice Kumar challenged this by pointing out that the college had operated since 2008 without such restrictions, questioning the timing and necessity of the new rules.

SC Stays Ban, Allows Hijabs, Caps, and Badges

The Supreme Court agreed that face-covering veils, such as nakabs or burkhas, could be a barrier to classroom interaction and upheld the prohibition on such attire. However, it stayed the broader ban on hijabs, caps, and badges, allowing students to wear them on campus until further notice.

Background: Bombay High Court’s Verdict

The controversy began on May 1, when NG Acharya & DK Marathe College issued a notice on its official WhatsApp group, outlining a dress code that banned the wearing of hijab, niqab, burqa, caps, badges, and stoles on the college premises. The students, who were affected by this directive, initially approached the college management and the principal, requesting the withdrawal of the restrictions on hijab, niqab, and burqa. They cited their right to choice, dignity, and privacy in the classroom as the reason for their request.

However, when their requests were ignored, the students escalated the matter to the higher authorities, including the chancellor and vice-chancellor of Mumbai University, as well as the University Grants Commission. They sought intervention to ensure that education was imparted without discrimination. Despite their efforts, they received no response, leading them to file a petition in the Bombay High Court.

In the high court, the petitioners’ advocate, Altaf Khan, presented verses from the Quran to argue that wearing a hijab was an essential part of Islam. The plea stated that the college’s action was “arbitrary, unreasonable, bad-in-law, and perverse.” On the other hand, the college management defended the ban as 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, argued that the dress code applied to students of all religions and castes.