The Supreme Court recently made a significant decision regarding a Mumbai college’s ban on Muslim attire. Justices Sanjiv Khanna and Sanjay Kumar stated that female students should have the freedom to choose what they wear, including headscarves, burqas, niqabs, hijabs, and similar clothing. However, the court also ruled that no religious acts could be allowed on campus, so girls were not permitted to wear burqas in class. The judges questioned the college’s decision to selectively ban religious symbols, such as tilaks and bindis were not included in the ban if the goal was to establish a uniform dress code. Justice Kumar emphasized that colleges cannot dictate what female students wear and highlighted the importance of respecting religious diversity.
This case arose from a circular issued by NG Acharya & DK Marathe College, part of the Chembur Trombay Education Society, which banned students from wearing stoles, hats, badges, niqabs, burqas, or hijabs on campus. In response, nine female students enrolled in a science degree course objected to the ban, arguing that it violated their fundamental rights, including the right to practice their religion, privacy, and personal choice.
The students first raised their concerns with the principal and college administration, but when their requests were ignored, they sought assistance from the University Grants Commission, as well as the chancellor and vice-chancellor of Mumbai University. After receiving no response, the students filed a petition with the Bombay High Court. Their attorney, Altaf Khan, cited the Quran to argue that wearing a headscarf is a mandatory aspect of Islam and criticized the college’s actions as arbitrary and unreasonable.
During the high court hearing, the college administration denied any discriminatory intent against Muslim students. Senior counsel Anil Anturkar, representing the college, explained that the dress code applied to students of all castes and religions and was meant to maintain discipline and enforce a uniform dress code.
The Supreme Court’s decision to lift the ban on Muslim attire in the Mumbai college is a significant win for religious freedom and individual choice. It sets a precedent for respecting diversity and ensuring that students are not unfairly targeted based on their religious beliefs. The ruling emphasizes the importance of upholding fundamental rights and preventing arbitrary restrictions that infringe upon personal freedoms.