Supreme Court Criticizes Mumbai College for Hijab Ban: “So Long After Independence…”
In a significant ruling, the Supreme Court of India criticized a Mumbai college for enforcing a ban on wearing burqas, hijabs, and other religious attire on campus, questioning how such a policy could empower women. The court’s remarks came during a hearing on a petition filed by nine female students against the ban imposed by NG Acharya & DK Marathe College in Chembur, Mumbai.
Supreme Court’s Strong Rebuke
The Supreme Court bench, comprising Justices Sanjiv Khanna and PV Sanjay Kumar, expressed strong disapproval of the college’s decision to restrict students from wearing hijabs, niqabs, caps, stoles, and badges. The court highlighted the irony that such a ban was being discussed so long after India’s independence, emphasizing that it was unfortunate and unacceptable in a modern, democratic society.
The court partially stayed the college’s order, allowing students to wear hijabs, caps, and badges on campus, while expressing hope that this interim order would not be misused.
The College’s Defense
During the hearing, Senior Advocate Madhavi Divan, representing the college, argued that allowing the petitioners to wear hijabs and burqas could lead to other students wearing saffron shawls, potentially escalating political tensions on campus. The college’s lawyer further argued that the presence of such religious attire could create a barrier between students and disrupt the educational environment.
The college also mentioned that they had provided changing rooms for students to remove their hijabs or burqas before attending classes, suggesting that this was a reasonable compromise.
Court Questions Empowerment and Choice
In response to the college’s defense, the Supreme Court questioned how banning certain religious attire was aligned with empowering women. The court stressed that personal choice should be respected, especially when it comes to what students wear, and criticized the college for suddenly enforcing such a ban without considering the cultural and familial backgrounds of the students.
Justice Kumar pointed out the absurdity of the college’s argument that the ban was intended to prevent the disclosure of students’ religion, noting that a person’s name could also reveal their religious identity. The court underscored that imposing such restrictions was not in the spirit of inclusivity and empowerment.
Interim Order and the Road Ahead
While the court recognized that wearing a burqa might not be practical in a classroom setting, it made it clear that banning hijabs, caps, and badges was not acceptable. The Supreme Court issued a partial stay on the college’s circular, allowing these items to be worn until further notice.
The case will continue to be heard, with the Supreme Court issuing a notice for a hearing in the week commencing November 18. The petitioners approached the Supreme Court after their plea was rejected by the Bombay High Court, seeking relief from the ban that they argued was discriminatory and infringed on their rights.
This ruling highlights the ongoing debate over religious freedom, personal choice, and the role of educational institutions in a diverse and democratic society.