Supreme Court Halts Hijab Ban At Mumbai College, Issues Notice

In a significant legal development, the Supreme Court of India has temporarily stayed a petition challenging a Mumbai private college’s notification prohibiting the wearing of hijabs, niqabs, stoles, and caps on campus. The Court has issued a notice to Acharya and Marathi College and requested a response, with the next hearing scheduled after November 18.

During the proceedings, Justice Sanjeev Khanna emphasized that the Court does not support any form of religious attire that might cause disruptions, such as burqas. The college’s legal representative revealed that out of 441 Muslim female students, only a few have raised objections to the dress code.

The Supreme Court questioned whether the college would also prohibit students from applying bindi or tilak, suggesting that such restrictions could lead to further complications. The college argued that allowing hijabs might lead to demands for the wearing of saffron shawls, potentially escalating political tensions. Justice Sanjay Kumar asserted that Muslim girls should have the right to choose their attire.

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The college administration maintains that the dress code, which has been in place for some time, is not discriminatory. Principal Vidya Lele stated that the institution does not discriminate based on caste or religion and treats all students equally.

The petitioners argue that the college’s rule infringes on their fundamental rights to religious expression, privacy, and personal choice, labeling the ban as arbitrary and legally unsound. Previously, the college had dismissed a petition from nine students—second and third-year science students—challenging the dress code.

The Supreme Court has advised the college to seek further relief from the Court if the situation becomes challenging. The case highlights ongoing debates over religious attire and institutional policies in educational settings.