The Supreme Court on Friday came down heavily on a Mumbai college for imposing a ban on students wearing burqa, hijab or niqab on campus.
The Bench of Justice Sanjiv Khanna and Justice PV Sanjay Kumar issued notice on the petition, returnable by the week commencing November 18, and stayed clause 2 of the notification, which banned wearing of hijab, caps, or badges in the institute. the bench said it hoped that this interim order would not be misused by anybody.
The Bench questioned the institute over its rationale behind the decision and said the students should be allowed to wear what they want to. The decision of the college would work against empowering women, it added.
The Bench asked the institute, till what time will it tell empowering women what to wear? The less said the better, it noted, adding that it seems there was no choice for the woman. The institute suddenly woke up to the fact that the students were wearing hijab or caps.
It was unfortunate that this was being said after so many years of independence and people said religion was there in this country.
Over the college’s stance that it did not want the religion of students to be revealed, the Apex Court noted religion was there in the names also. It directed the institute not to impose such rules.
The Bench passed the order on a petition challenging the Bombay High Court verdict that upheld the ban imposed by a Chembur (Mumbai) college on students wearing burqa, hijab or niqab on campus.
The petition was drafted by Advocate Hamza Lakdawala and Filed through Advocate Abiha Zaidi.
Appearing for the petitioner, Senior Advocate Colin Gonsalves submitted that students have been stopped from attending classes and were not being given attendance.
Gonsalves said the students have beem wearing the hijab for the last four years.
Representing the college, Senior Advocate Madhavi Divan contended that there were 441 girl students from the Muslim community in the college and only three want to wear the hijab.
She justified the ban, saying that a barrier was created when a girl wore a niqab etc.
The Apex Court refused to accept the submissions and asked the college, why the decision was taken out of the blue.
Stating that such rule-making by colleges has to stop, the Bench asked the counsel appearing for the institution, whether people with tilak or bindi will not be allowed by the college.
Divan opposed the stay and argued that girls will start coming in torn jeans. She added that the niqab was a barrier to interaction.
The Bench observed that the solution to a lot of this was proper and good education. A burqa cannot be allowed in the institute.
The issue in the present case arose after nine students of the NG Acharya and DK Marathe College at Chembur moved the High Court against a notice from the college, instructing them to follow a new dress code from the new academic year beginning in June.
However, the High Court dismissed the plea, observing that the directive aimed to prevent the disclosure of a student’s religion, allowing them to focus solely on their education.
The aggrieved students approached the Apex Court arguing that the college, affiliated to Mumbai University and aided by the State of Maharashtra, had no power and authority under any law to issue directions giving out such restrictions.
The petitioners contended that the restriction was violative of Article 15 of the Constitution as it created a hostile environment for female students, more particularly from the Muslim faith.
They added that wearing a hijab, nakab or burqa did not disrupt the imparting of knowledge in the classroom or hamper discipline or accord them unfair advantages.