SC partly stays Mumbai college's order banning hijab, burqa inside college campus

The Supreme Court on Friday partly stayed a Mumbai college's rule banning 'hijab, burqa, cap and naqab' inside the college campus, as per news agency PTI.

"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. "Suddenly you wake up to know that there are many religions in the country," SC told the Mumbai college.


"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 court sought response of Mumbai's educational society on the plea and said that its interim order in the issue should not be misused. It granted the Mumbai college liberty to approach the court if misused.

The matter will now be heard in November.

The Bombay High Court on June 26 upheld the Chembur Trombay Education Society's N G Acharya and D K Marathe College's dress code policy, ruling that such regulations do not infringe on students' fundamental rights. The court stated that dress codes are essential for maintaining discipline and are within the college's right to "establish and administer an educational institution."

The HC stated that the dress code applied equally to all students, regardless of religion or caste. The challenge was brought by second and third-year science students contesting a college directive that prohibited hijabs, naqabs, burqas, stoles, caps, and badges on campus.

The students argued that the ban infringed on their fundamental rights to religious practice, privacy, and personal choice, labeling the college's actions as "arbitrary, unreasonable, unlawful, and perverse."

However, the high court found no violation of Articles 19(1)(a) (freedom of speech and expression) and 25 (freedom of religion) in the college's dress code. The court also rejected the petitioners' claim that wearing a hijab, naqab, and burqa was an essential religious practice.

Hijab bans in India's education institutes

On October 13, 2022, a two-judge bench of the Supreme Court issued conflicting rulings on the Karnataka hijab controversy. The BJP-led state government had imposed a ban on hijabs in schools. Justice Hemant Gupta, now retired, upheld the Karnataka High Court's decision to maintain the ban, while Justice Sudhanshu Dhulia ruled that no restrictions should apply to hijab-wearing in schools and colleges across the state.

The Supreme Court has not yet formed a larger bench to address the Karnataka hijab controversy. The Mumbai college's recent decision has once again brought the issue into focus.

(With agency inputs)