SC to hear plea of Mumbai students against Bombay HC verdict upholding ban on hijab, burqa in college

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The Supreme Court said it has listed for hearing on Friday a plea challenging the verdict of the Bombay High Court (HC) which had upheld a decision of a Mumbai college to impose a ban on wearing of 'hijab', 'burqa' and 'naqab' inside the institute's campus, news agency PTI reported.

A bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra took note of the submissions of a lawyer that the term exam is commencing from Wednesday and the students, belonging from a minority community, are bound to face difficulties owing to the instructions imposed over the dress code.

Lawyer Abiha Zaidi, appearing for petitioners, including Zainab Abdul Qayyum, sought an urgent hearing as the unit tests in the college are commencing.

"It is coming up tomorrow [Friday]. I have listed it already," the CJI said on Thursday.

HC had on June 26 refused to interfere with the decision of the Chembur Trombay Education Society's N G Acharya and D K Marathe College imposing the ban on the grounds that such rules do not violate students' fundamental rights.

The court said a dress code is meant to maintain discipline which is part of the college's fundamental right to "establish and administer an educational institution".

During the previous academic session, the college introduced uniforms for students from the junior college section. As per the uniform, students wearing a hijab/naqab were denied entry. This year, through a circular dated May 1, 2024, the college mandated that the students must wear only "formal and decent clothes" in college.

"You can wear a full shirt or half shirt, or normal trousers. Girls can wear any Indian dress. Burka, naqab, hijab or any part of the dress which reveals religion like badge, cap, stole is to be removed as soon as you come," the circular read.

Meanwhile, Dr Vidyagauri Lele, principal of Acharya-Marathe college, told mid-day that the dress code is important and beneficial for the students. "As per the university circular, we teach 180 days out of 365, and students are required to attend at least 120-130 days. Given this, what problem should they have in following the dress code for these days? There are holidays and vacations when students can wear whatever they want.

(With PTI inputs)