Supreme Court Stays Mumbai College’s Hijab Ban; ‘Why Are Tilak, Bindi Exempt?’

New Delhi: The Supreme Court on Friday stayed a Mumbai college circular which imposed a ban on wearing hijab, niqab, burqa, caps and similar attire within its premises.

However, the apex court said burqa can’t be allowed to be used by girls inside classrooms and no religious activities can be permitted on the campus.

Questioning the Chembur Trombay Education Society’s NG Acharya & DK Marathe College’s selective ban on religious symbols, a bench of Justices Sanjiv Khanna and Sanjay Kumar asked why it had not extended the prohibition to other markers of religion, like tilak and bindi, if the intention was to enforce a uniform dress code.

“Girl students must have freedom of choice in what they are wearing and the 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 which is facing a row over dress code for Muslim students.

“Can you say someone wearing a tilak will not be allowed? This is not part of your instructions?” Justice Kumar asked, reported Live Law.

A group of female science students had moved the Bombay High Court challenging the college’s directive on the grounds that it violated their fundamental rights, including right to practise their religion, right to privacy and right to choice.

However, the high court in June refused to interfere with the college’s decision to implement the ban. The students then moved the Supreme Court.

It all started in May when the college issued a notice on its official WhatsApp group — which includes faculty members and students — outlining a dress code banning the wearing of hijab, niqab, burqa, caps, badges and stoles inside the college premises.

A few weeks later, the college went a step further to ban torn jeans, T-shirts and ‘revealing dresses’ on its premises.