The Supreme Court on Friday partly stayed the circular of Mumbai college banning 'hijab, burqa, cap and naqab' inside campus, saying that students must have choice to wear what they want. The Supreme Court said its interim order on 'burqa, hijab' should not be misused and granted liberty to Mumbai college to approach court in case of misuse.
The Supreme Court was hearing a plea challenging a Bombay High Court verdict upholding a Mumbai college’s decision to ban hijabs, burqas and naqabs inside the campus.
"Suddenly you wake up to know there are many religions in country," the Supreme Court told Mumbai college on Friday, adding that no burqa can be allowed to be worn by girls inside classroom and no religious activities are permitted on campus..
The top court also sought response of Mumbai’s educational society on plea challenging High Court verdict imposing ban on wearing 'hijab', 'burqa' in college.
The high court on June 26 refused to interfere with the decision of the Chembur Trombay Education Society’s NG Acharya and DK Marathe College imposing the ban, saying such rules do not violate the fundamental rights of students.
It said a dress code is meant to maintain discipline and this is part of the college’s fundamental right to “establish and administer an educational institution”.
The students, who were in the second and third year of the science degree course, had moved the high court, challenging a directive issued by the college imposing a dress code under which students cannot wear hijabs, naqabs, burqas, stoles, caps and badges on the premises.
The students claimed it was against their fundamental right to practice religion, the right to privacy and right to choice. The college’s action was “arbitrary, unreasonable, bad-in-law and perverse”, the plea stated, according to news agency PTI.
The Bombay High Court, however, said it could not see how the prescription of dress code by the college violated Articles 19(1)(a) (freedom of speech and expression) and 25 (freedom to practice religion) of the Constitution.
