Why did you not ban ‘tilak’?: Supreme Court stays hijab ban imposed by Mumbai private college

NEW DELHI: The Supreme Court today in an interim order stayed a Mumbai college circular banning ‘hijab, burqa, cap and naqab' on the campus and said educational institutions cannot force on them their choice. A bench of Justices Sanjiv Khanna and Sanjay Kumar issued notice to the Chembur Trombay Education Society, which runs the ‘NG Acharya and DK Marathe College', and sought its response by November 18.

"Girl students must have freedom of choice in what they are wearing and college cannot force them...It's unfortunate that you suddenly wake up to know that there are many religions in the country," the bench told the college administration at the centre of a fresh row over a dress code for Muslim students.

Senior Advocate Madhavi Divan for the petitioners said that the college has been functioning since 2008 and submitted that 441 Muslim students are "happily attending" the college and the objection was raised only by a few Muslim students, the Live Law reported.

"Don't impose such a rule..what is this? Don't reveal religion?" "Will their names not reveal religion? Will you ask them to be identified by numbers?"Justice Sanjiv Khanna asked, referring to the rule imposed by the college.

He further asked why the college administration did not ban ‘tilak’ or ‘bindi’ if it proposed the religion should not be revealed.

The court, however, said no burqa can be allowed to be worn by girls inside the classroom and no religious activities can be permitted on the campus.

The top court which was hearing a plea challenging a Bombay High Court verdict upholding the college's decision to ban hijab, burqa and naqab inside the campus said that the interim order “should not be misused by anybody and granted liberty to the educational society and the college to approach the court in case of any misuse”, the PTI reported.

Senior advocate Colin Gonsalves and advocate Abiha Zaidi, appearing for the petitioners, including Zainab Abdul Qayyum, submitted that students were not able to attend classes because of the ban, it added.