The Supreme Court has partially halted a ban imposed by NG Acharya and DK Marathe College in Mumbai on wearing hijabs, niqabs, burkas, stoles, and caps. The court has issued a notice and will review the case further.
Background of the Case
The college had imposed a ban on wearing these items of clothing. In response, nine girls challenged this ban in the Bombay High Court, but their petition was dismissed. The Supreme Court has now stepped in and put a temporary stop to the college’s decision.
Supreme Court’s Concerns
The Supreme Court questioned if a similar restriction would be acceptable if someone wore a religious mark like a tilak. The court asked if a student could be refused entry into the college simply for wearing a tilak. The court has issued a notice to the college administration and will hear the case further on November 18.
Arguments from the College
Madhavi Diwan, representing the college, argued that the ban was necessary because there are 441 students from this community, and wearing such clothing creates issues. She mentioned that changing rooms are available but the court countered that students may be pressured by their families to wear these items.
Court’s Observations
Justice Sanjay Kumar questioned how the college’s actions empower women by dictating what they should wear. He expressed concern about the restriction so many years after independence, questioning why such bans are still being enforced.
Court’s Interim Decision
The Supreme Court has issued an interim stay on the part of the college’s circular that bans hijabs and caps. The court has asked for a response from the college and has emphasized that the orders should not be misused.