SC partially stays Mumbai college's ban on hijab and other religious attire

The Supreme Court of India on Friday partially stayed a circular issued by a Mumbai college that prohibited female students from wearing 'hijab, burqa, cap, and naqab' on campus. The court underscored the importance of personal choice in attire for female students and deemed the college's restrictions as unwarranted.

A bench consisting of Justices Sanjiv Khanna and Sanjay Kumar issued a notice to the Chembur Trombay Education Society, which manages the N G Acharya and D K Marathe College, requiring a response by November 18. 

During proceedings, the court remarked, "Girl students must have the freedom of choice in what they wear, and the college cannot impose bans."

The judges expressed dismay over the college's recent acknowledgment of the country's religious diversity, asking that if student names reveal their religious identity, why are they not banning 'tilak' and 'bindi' as well.

While emphasising the need for religious expression, the court clarified that burqas would not be permitted inside classrooms and that no religious activities should occur on campus. The justices warned that their interim order should not be misused and allowed the educational society the right to appeal in case of any perceived misuse.

This decision arose in response to a plea challenging a Bombay High Court ruling that had upheld the college's ban on religious attire. Petitioners, including Zainab Abdul Qayyum and represented by senior advocate Colin Gonsalves and advocate Abiha Zaidi, argued that the dress code had prevented students from attending their classes.