Supreme Court Stays Mumbai Colleges’ Circular Banning Hijab on Campus: Court Also Says Hijab On Campus Issue Pending Before Larger Bench
The supreme court has stayed a Mumbai colleges’ order that stops girls from wearing hijab. In an interim order the Supreme Court said, ban could not be put on wearing hijab, burqa, cap and naqab on the campus.
The court in its irder has said that girls should be free to choose what they wear.
The bench of Justice Sanjeev Khanna and Justice Sanjay Kumar rebuked the circular issued by NG Acharya and DK Marathey College’ Chembur Trombey Educational Society which runs these institutions.
The court also questioned the society whether it would issue similar circular against the use of ‘bindi’ and ’tilak’.
During the course of hearing Justice Sanjay Kumar asked senior lawyer Madhvi Diwan arguing on behalf of the college’s society, Would such circulars empower the girls ? Where is the freedom granted to the women to choose what is right for them or what they like. What the girls have to wear? Where is their freedom to choose this.
Educational institutions should not thurst upon girls what clothes should they wear.
With these observations the court issued notice to the educational society and directed the society to file its reply by November 18.
The bench further said, it has stayed part 2 of the circular partially which directs girl students not to wear hijab, cap and badge.
The court expressed confidence that it’s orders would be complied with.
On her part senior lawyer Madhvi Diwan pleaded that the circular was meant to ensure that the religion followed by girls does not get displayed openly. This circular was not confined to hijab, burqa or naqab but to torn jeans and other such garments also, pleaded the lawyer.
Not impressed by the counsel’s arguments Justice Khanna said ones name identifies ones religion. Names carry one’s religion. So, don’t thurst such rules on students.
Lawyers representing group of other students said, many girls have stopped attending classes due ban on hijab.
Lawyer Conal Gonzalves while pleading the case sai, girls had been wearing hijab since past four years and now they were being asked to come without hijab.
Madhvi Dewan said, nearly 441 Muslim girls had been studying happily in the college and had no complaints except for the three girls who have raised objection against the college circular and have come to court.
The court agreed that the lawyer could be correct because girls come from different backgrounds but let them all receive education together.
Justice Khanna said, the solution to the problem lies in good quality education.
Yes, you could be right. Girls should not be allowed to sit in class while wearing hijab. Similarly, no religious activity could be permitted in the college campus.
Madhvi Dewan informed the court that the college had been functioning since 2008 without any aid from the government.
If the college permits few students to wear niqab and hijab then it would not be able to stop others coming draped in ‘bhagwan’ or other dress.
The lawyer further said, we are a nonpolitical and religiously neutral organization. All we wish that the hijab or naqab should become a hindrance during interactions on the campus among students.
The lawyer urged the court not to snatch its autonomy.
Meanwhile, Justice Sanjeev Khanna oberved that the issue of allowing hijab in educational institutions was still pending before a larger bench
