Kumar Bahukhandi
Burqa, cap, naqab, ripped jeans were also banned on campus
The Supreme Court on Friday August 9 stayed a Mumbai college’s decision banning ‘hijab, burqa, cap and naqab’ on the campus and said girl students must have the freedom to choose what they wear. A bench of Justices Sanjiv Khanna and Sanjay Kumar came down heavily on the Chembur Trombay Education Society, which runs the ‘N G Acharya and D K Marathe College’ for issuing such a circular and asked whether it would ban ‘bindi’ and ‘tilak’ also. During the hearing, Justice Kumar asked senior advocate Madhavi Divan, appearing for the society, how was the college empowering the girl students by issuing such a circular. “How are you empowering the women by telling them what to wear? I think it’s less said the better. Where is the freedom of choice for the women?
Where is freedom of choice of what to wear to the girl students? Educational institutions should not force their decisions on the girl students on what to wear,” said Justice Kumar. Divan contended that the college is a co-educational institution and the intention behind the directive is to ensure that the religious faiths of the students are not revealed. The lawyer said the circular was not limited to ‘hijab, burqa or naqab’ but extended to even ripped jeans and other such attire. Unimpressed, Justice Khanna asked “Will the students’ names not reveal their religious identity? and added “Religion is in their names also. Do not impose such rules.” Justice Kumar further observed, “You have suddenly woken up to the fact that they are wearing it and come out with instructions. It is unfortunate. After so many years of Independence, you have come to know there are so many religions in this country.”
The bench issued notice to the education society and sought its response by November 18. “We partly stay clause 2 of the impugned circular to the extent that it directs that no hijab, no cap, no badges will be allowed in the campus. We hope and trust this interim order is not misused by anybody,” the bench ordered. It granted liberty to the educational society and the college to approach the court in case of any misuse of the order. Senior advocate Colin Gonsalves and advocate Abiha Zaidi, appearing for the petitioners, including Zainab Abdul Qayyum, submitted that students were not able to attend the classes due to the circular. The girl students have been wearing hijab for the past four years, Gonsalves said, adding that now they are being stopped from attending the classes.
