The Supreme Court has temporarily halted a Mumbai private college's directive that prohibited students from wearing hijabs, veils, burqas, stoles, and caps on campus. The court questioned the college's approach, asking how such a ban contributes to the empowerment of women.
During the hearing, the court expressed its concerns, stating, "How are you empowering girls by restricting what they wear? What girls choose to wear should be left to them. It is unfortunate that, so many years after independence, we are still discussing such bans."
"Girl students must have freedom of choice in what they are wearing and college cannot force them...It's unfortunate that you suddenly wake up to know that there are many religions in the country," the bench told the college administration at the centre of a fresh row over a dress code for Muslim students. It added why the college did not ban 'tilak' and 'bindi' if it intended the religious faiths of the students to not be revealed.
"Will the students' names not reveal their religious identity?" the bench asked senior advocate Madhavi Diwan, appearing for the educational society.
The court, however, said no burqa can be allowed to be worn by girls inside the classroom and no religious activities can be permitted on the campus. The bench said its interim order should not be misused by anybody and granted liberty to the educational society and the college to approach the court in case of any misuse.
The top court was hearing a plea challenging a Bombay High Court verdict upholding the college's decision to ban hijab, burqa and naqab inside the campus. Senior advocate Colin Gonsalves and advocate Abiha Zaidi, appearing for the petitioners, including Zainab Abdul Qayyum, submitted that students were not able to attend classes because of the ban.
The Supreme Court's order specifically stays the part of the college's circular that imposed restrictions on female students wearing hijabs or caps. The Court has issued a notice in response to petitions filed by some students challenging the college's decision.
Furthermore, the court emphasised that its order should not be misused in any manner. The next hearing on this matter is scheduled for the week beginning November 18.
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