On Friday, August 9, the Supreme Court stayed a circular from NG Acharya and DK Marathe College in Mumbai that banned the wearing of hijabs, niqabs, burqas, caps, and similar attire. The court questioned the college’s decision, pointing out that if religious symbols were to be banned, it should have also prohibited items like tilaks and bindis, according to Bar and Bench.
The interim order was issued after Muslim women students from the private college filed a petition challenging a Bombay High Court ruling that had upheld the college’s dress code directive. The students contested the notice mandating a new dress code for the academic year starting in June, arguing it was a measure to prevent religious identification and promote a focus on education.
The case was brought to the Supreme Court after the high court dismissed the students’ plea, asserting that the dress code aimed to prevent religious markers and encourage educational focus. The Supreme Court has issued a notice to the college and scheduled a hearing for November.
During the proceedings, Justices Sanjiv Khanna and Sanjay Kumar expressed surprise at the college’s directive. Justice Khanna questioned why such a rule was necessary, asking if the college planned to enforce similar bans on other religious symbols. Justice Kumar challenged the logic behind the directive, noting that the college had operated for years without such instructions and questioned the timing and reasoning behind the new policy.
The college’s counsel argued that face-covering veils hinder interaction, and the bench agreed that such attire could be restricted in classrooms. However, the court emphasized the need for inclusive education and questioned the sudden implementation of the dress code.
Justice Khanna remarked, “How are you empowering women by dictating their attire?” while Justice Kumar lamented that the college’s decision seemed out of touch with modern values and questioned the rationale behind the new rules.
