Supreme Court Hijab ban Mumbai: Students must be free to dress however they please, The Supreme Court upholds Chembur College’s burqa-ban policy.

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Supreme Court Hijab ban Mumbai: The Supreme Court has temporarily paused a Mumbai college’s directive that barred students from wearing hijabs, veils, burqas, stoles, and caps, sparking a discussion on the impact of such rules on personal freedom and women’s empowerment.

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Supreme Court Hijab ban Mumbai

During the proceedings, the court questioned the college’s intentions, asking how such restrictions contribute to empowering women. “How are you empowering girls by dictating their attire? The choice of what to wear should be theirs. It is disheartening that, decades after independence, we are still debating these issues,” the court remarked.

The bench further criticized the college, pointing out that girls should have the freedom to choose their clothing and that the institution has no right to impose dress codes on them. “It is concerning that you suddenly recognize the diversity of religions in this country,” the court told the college administration, which found itself at the center of a new controversy over dress codes targeting Muslim students. The court also questioned why the college did not prohibit ’tilak’ and ‘bindi’ if the goal was to avoid revealing students’ religious identities.

“Are you going to say that students’ names won’t reveal their religion?” the bench asked senior advocate Madhavi Diwan, who represented the educational society involved in the case.

However, the court clarified that burqas would not be allowed inside classrooms, and no religious activities could take place on campus. The bench stressed that its interim order should not be exploited and granted the educational society and the college the right to return to court if any misuse occurs.

This ruling came in response to an appeal challenging a Bombay High Court decision that upheld the college’s ban on wearing hijabs, burqas, and naqabs on campus. Senior advocate Colin Gonsalves and advocate Abiha Zaidi, representing the petitioners, including Zainab Abdul Qayyum, argued that the ban was preventing students from attending classes.

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The Supreme Court’s order specifically halts the portion of the college’s circular that restricted female students from wearing hijabs or caps. The Court has also issued a notice in response to petitions filed by students opposing the college’s policy.

The court reiterated that its ruling should not be misinterpreted or misused in any way. The next hearing on this matter is scheduled for the week beginning November 18.

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