'If Hijab is banned, why not Tilak-Bindi' SC raised questions on college order

The Supreme Court on Friday partially stayed the circular of a Mumbai college, which banned wearing 'Hijab, Burqa and Niqab' on the college campus. The court also said that female students should have the freedom to choose what they wear.

The apex court also said that educational institutions cannot impose their choice on female students. A bench of Justice Sanjeev Khanna and Justice Sanjay Kumar issued a notice to the 'Chembur Trombay Education Society', which runs 'NG Acharya and DK Marathe College', and has sought its reply by November 18.

The bench told the college administration, which is at the center of a new controversy over the 'dress code' for Muslim students, "The female students should have the freedom to choose what they wear and the college cannot put pressure on them. It is unfortunate that you suddenly come to know that there are many religions in the country." The bench said that if the college's intention was to stop the display of religious faith of the female students, then why did it not ban 'tilak' and 'bindi'.

The court asked senior advocate Madhavi Divan, appearing for the Educational Society, whether the names of the students do not reveal their religious identity? However, the bench said that the female students cannot be allowed to wear the burqa inside the classroom nor can any religious activity be allowed on the campus. 

The bench said that its interim order should not be misused by anyone and gave the 'Educational Society' and the college the freedom to approach the court in case of any misuse.

The apex court was hearing a plea challenging the Bombay High Court verdict upholding the college's decision to ban hijab, burqa, and niqab inside the campus.

Senior advocate Colin Gonsalves and advocate Abiha Zaidi, appearing for petitioners including Zainab Abdul Qayyum, said students were not able to attend classes due to the ban.