The Supreme Court on Friday stayed the instruction issued by Mumbai based college banning the wearing of burqa, hijab, niqab and caps or badges by the girl students on the campus and questioned the college management as to why it has suddenly woken up and issued the instructions even though it has been in existence since 2008.

The college in question is Mumbai based N G Acharya and DK Marathe College is run by the Chembur Trombay Education Society.’

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Putting on hold the instructions banning the wearing of burqa, hijab, niqab and caps, a bench of Justice Sanjiv Kumar and Justice Sanjay Kumar said, “Let it be left to the girls to decide what she wants to wear.”

Telling the college management not to “impose such a rule” imposing dress code, the bench said, “all these years you did not have the instructions and suddenly woke up and realised that there is religion. It’s unfortunate that you come up with such instructions after so many years.”

Having aired its reservation over the instructions banning the burqa, hijab, niqab and caps or badge, the bench issued notice and posted the matter for hearing on November 18, 2024.

As the senior advocate Madhavi Divan appearing for the management of the Mumbai based college said that this was to prevent revealing of the religious identities of the students, Justice Kumar observed, “Will their names not reveal religion? Will you ask them to be identified by numbers?”

In a poser to the senior advocate Madhavi Divan, Justice Khanna asked, “Will you say that somebody wearing tilak will not be allowed?”

As senior advocate Madhavi Divan told the bench that there are 441 Muslim students in the college and it was only the three students who have raised the hue and cry over the instructions, Justice Khanna asked, “How are you empowering women by telling them what to wear?” adding “You were established in 2008 and you had no difficulty and suddenly you woke up” and it is “unfortuna6te that you came up with such instructions”.

Justice Kumar observed, should it not be left to the girls to decide what they want to wear?.

As senior advocate Madhavi Divan told the bench that college has provided the girls with lockers where they can keep their burqa, hijab, niqab & caps or badges upon reaching the college, Justice Khanna pointed to the background of the families they belong to where family members tell them to wear it and go.

Stating that probably with the passage of time things may go, Justice Khanna said that the solution lies in providing “good education.”

The bench said: “It is unfortunate”, when senior advocate Madhavi Divan said that the students who had objected to the instruction banning burqa, hijab, niqab & caps or badges have joined other college.

The bench also described it as “unfortunate” as it was told that the petitioners had approached the media after knocking the doors of the court questioning the ban orders.

The petitioner students have approached the top court challenging the June 26, Bombay High Court order dismissing the plea by the nine students, belonging to science stream, against the dress code.

The High Court by the order under challenge had said that prescribing the dress code “does not suffer from infirmity so as to violate provisions of Article 19(1)(a) and Article 25 of the Constitution”

Article 19(1)(a) of the constitution guarantees right to freedom of expression and Article 25 guarantees the Freedom of conscience and free profession, practice and propagation of religion.

The High Court had said that the object behind issuing the dress code is that the dress of a student should not reveal his/her religion which is a step towards ensuring that the students focus on gaining knowledge and education which is in their larger interest.”

The students of the second and third years of B Sc and B Sc (Computer Science) programmes have claimed that the new dress code violates their fundamental rights to privacy, dignity, and religious freedom.

The college had told the High Court that the ban applies to all religious symbols and is not targeted at Muslims.