’Will you say that somebody wearing tilak...’: SC slams Mumbai college for hijab ban, stays dress code diktat

The Supreme Court on Friday, August 9, stayed a circular issued by NG Acharya and DK Marathe College in Mumbai, imposing a ban on wearing hijab, niqab, burqa, caps and similar attire at the college. The Supreme Court pulled up the college, asking why it didn't ban tilak and bindi if markers of religion were to be banned, the Bar and Bench reported.

The Supreme Court passed the interim order after hearing a petition filed by Muslim women students of the private college in Mumbai. The petitioners approached the Supreme Court challenging the Bombay High Court's judgment which upheld the college's instructions.

The case came to light after nine students of the NG Acharya and DK Marathe College at Chembur moved the high court against a notice from the college instructing them to follow a new dress code from the new academic year beginning in June. The high court had dismissed the plea, observing that the directive aimed at preventing the disclosure of a student's religion, allowing them to focus solely on their education.

The students then approached the Supreme Court. In its order on Friday, the Supreme Court also issued a notice to the college and posted the matter for hearing in November.

A bench of Justices Sanjiv Khanna and Sanjay Kumar expressed surprise at the condition imposed by the college.

‘Will their names not reveal religion?’

According to Live Law, the college reasoned that the rule was imposed so that the students' religions would not be revealed. Reacting to this, Justice Khanna was quoted as saying, “What is this? 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 Kumar asked.

Later during the hearing, Justice Kumar upbraided the college, which reportedly had been in existence since 2008, and asked, “All these years you did not have the instructions and suddenly you realise that there is religion. It's unfortunate that you come up with such instructions after so many years...”

"Will you say that somebody wearing tilak will not be allowed?" Justice Khanna was quoted by Live Law as saying. "That is not part of the instruction at all. You have not said that," it told the counsel representing the college.

Empowering women: 'Where is the choice for the woman?'

As the court questioned the rationale behind the college's decision, Justice Khanna said, "How are you empowering women by telling them what to wear?"

"Where is the choice for the woman? You have suddenly woken up to the fact that they are wearing it. It is unfortunate that these all being said after so many years of independence and you say religion is there in this country," Justice Kumar was quoted by the Bar and Bench as saying.

The counsel representing the college submitted that face-covering nakabs and burkha act as barriers to interaction. The bench agreed that face-covering veils could not be allowed in class and did not interfere with that part of the instructions preventing the use of nakab.

"You may be correct.. the background they belong to..family members may say wear it and go and they have to wear.. but let all study together," the court added, asking how the decision had suddenly been taken.

(With inputs from Bar and Bench, Live Law )