9 August 2024: The Supreme Court of India has temporarily stayed a circular issued by Chembur Trombay Education Society’s NG Acharya and DK Marathe College in Mumbai, which had imposed a ban on wearing hijab, niqab, burqa, caps, and similar attire within its premises. The court, however, maintained that burqas could not be allowed inside classrooms and that no religious activities should be permitted on the campus, reported the Hindustan Times.
The bench, comprising Justices Sanjiv Khanna and Sanjay Kumar, questioned the college’s selective enforcement of its dress code, pointing out that while the hijab and other Islamic attire were banned, religious symbols such as tilak and bindi, often associated with Hinduism, were not. The judges criticized the college for not extending its dress code to these symbols if the intent was truly to enforce uniformity.
The case reached the Supreme Court after nine female students, enrolled in a science degree program, challenged the college’s directive. They argued that the ban violated their fundamental rights, including the right to practice their religion, privacy, and personal choice. The controversy began in May when the college issued a notice on its official WhatsApp group, which included faculty members and students, outlining a dress code that prohibited the wearing of hijabs, niqabs, burqas, caps, badges, and stoles.
The petitioners initially sought to resolve the matter by approaching the college administration, the chancellor and vice-chancellor of Mumbai University, and the University Grants Commission, requesting the withdrawal of the restrictions. However, after receiving no response, they escalated the issue to the Bombay High Court, which refused to intervene. The petitioners then took the matter to the Supreme Court.
During the hearing, the petitioners’ advocate, Altaf Khan, presented verses from the Quran to argue that wearing a hijab is an essential part of Islam. The college management defended its dress code as a measure to enforce uniformity and maintain discipline, denying any intent to discriminate against Muslim students.
As the case progresses, the Supreme Court’s stay on the college’s circular offers temporary relief to the students while also sparking a broader conversation about religious freedom and the application of dress codes in educational institutions. The court’s decision to scrutinize the selective enforcement of such codes may set a significant precedent for similar cases in the future.
