The university argued that the ban was imposed to ensure that students' religion would not be revealed.
New Delhi:
The Supreme Court criticised a Mumbai college for banning students from wearing burqas and hijabs on campus and asked the institution's authorities how they were empowering women by telling them what to wear. In a sharp remark, the court also noted that it was unfortunate that such bans were imposed even so many years after Independence.
Hearing a petition filed by nine girl students against the ban on burqas, hijab, niqab, caps, stoles and badges imposed by the NG Acharya & DK Marathe College in Mumbai's Chembur on Friday, a bench of Justices Sanjiv Khanna and PV Sanjay Kumar partially stayed the order. It said hijabs, caps and badges would be allowed and added that it hoped the order would not be misused.
As the hearing began, lead lawyer Madhavi Divan, acting for the university, said that if the plaintiffs were allowed to wear headscarves and burqas, other students would come out in saffron headscarves to make a political point. The university did not want that to happen.
“Are you going to ban girls from a bindi or tilak“?” asked the bank.
The college’s lawyer said that there were 441 students from the community at the college and that when a girl wears a veil or a garment like that, it creates a barrier between her and the other students. She also pointed out that there were changing rooms set up where students could remove their hijab or burqa before entering.
“You may be right (but) the background they come from, family members may say they have to wear it and go and they have to wear it. But everyone should study together,” the court said.
'Suddenly woke up'
“How do you empower women by telling them what to wear? What girls want to wear should be left to them. Where is their choice? You have suddenly found out that they are wearing it? It is unfortunate that after so many years of independence, such a ban is being talked about,” Justice Kumar said.
When the university argued that the ban was also intended to prevent students' religion from being revealed, the court noted that religion is also revealed through names and stressed that such rules should not be imposed.
Noting that wearing of burqa could not be allowed as students could not sit in class in that manner, the court partially stayed the circular, saying: “We issue a notice in the week of November 18. We partially stay the impugned circular insofar as it directs that hijab, caps and badges shall not be permissible. We hope and trust that this interim order is not misused by anyone.”
The girls moved the Supreme Court after the Bombay High Court rejected their petition.
