The Mumbai Private College's hijab ban has been temporarily halted by the Supreme Court

DY365
DY365
Published: August 9,2024 03:55 PM
DY365

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On Friday, August 9, the Supreme Court halted the directive from a private college in Mumbai that prohibited students from wearing hijab, cap, or badges on campus.

August 9, 2024  On Friday, August 9, the Supreme Court halted the directive from a private college in Mumbai that prohibited students from wearing hijab, cap, or badges on campus. While listening to a petition from Muslim female students of NG Acharya & DK Marathe College in Mumbai, the Court issued a temporary order. The petitioners went to the Supreme Court to contest the Bombay High Court's decision that supported the college's directives. Justices Sanjiv Khanna and Sanjay Kumar, sitting on the bench, were taken aback by the college's requirement.



The case will be heard by the court on November 18th. We partially uphold clause 2 of the criticized circular which prohibits the wearing of hijab, caps, and badges. The order expressed hope and confidence that nobody will misuse the interim order. Questioning the reasoning for implementing the hijab ban, Supreme Court Justices PV Sanjay Kumar and Sanjiv Khanna inquired, "Would you also ban girls from wearing bindi or tilak?"



Nine female students in the second and third years of a science degree program opposed a college rule that they believed infringed on their basic rights, such as freedom of religion, privacy, and choice.



The dispute started on May 1, when the NG Acharya & DK Marathe College of the Chembur Trombay Education Society posted a message on its official WhatsApp group, comprising of staff and students. The notice specified a dress code prohibiting the presence of hijab, niqab, burqa, caps, badges, and stoles on the college campus. The petitioners contended in their plea that this directive was invalid and void because it lacked legal authority.The students first went to the college administration and the principal, asking for the removal of the rules on hijab, niqab, and burqa, stating their freedom, respect, and personal space in class. After their requests were dismissed, they brought the issue to the attention of the chancellor and vice-chancellor of Mumbai University, along with the University Grants Commission, in order to ensure that education was provided fairly. Nevertheless, when they didn't get any answer, the students submitted a petition to the Bombay high court.



In the high court hearing, Altaf Khan, the advocate for the petitioners, cited verses from the Quran to support the argument that wearing a hijab is a fundamental aspect of Islam. The argument stated that the college's decision was "unpredictable, illogical, unlawful, and unjust."