The Supreme Court on Tuesday assured that it has ordered the listing of a plea challenging the Bombay High Court’s verdict, which upheld a Mumbai college’s decision to ban the wearing of ‘hijab’, ‘burqa’, and ‘naqab’ on campus. Addressing the urgent request for listing the appeal, a bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra stated that a hearing date would be provided after the matter was mentioned for early hearing.
“Yes, we will give a date in this case and hear it,” affirmed the bench.
In June, the Bombay High Court dismissed a plea filed by a group of female students from Chembur Trombay Education Society’s NG Acharya and DK Marathe College. These students challenged the college’s ban on wearing hijabs, niqabs, burkas, stoles, caps, or any kind of badge in the classroom. The students, who were in their second and third years of B.Sc. and B.Sc. (Computer Science) programs, argued that the new dress code violated their fundamental rights to privacy, dignity, and religious freedom.
The college, in its defense before the High Court, asserted that the ban applied to all religious symbols and was not specifically targeted at Muslims. The High Court, in its order, stated, “We are satisfied that the instructions issued by the college under which a dress code has been prescribed for its students do not suffer from any infirmity so as to violate the provisions of Article 19(1)(a) and Article 25 of the Constitution of India. The object behind issuing the same is that the dress of a student should not reveal his/her religion, which is a step towards ensuring that the students focus on gaining knowledge and education, which is in their greater interest.”
The High Court’s dismissal led the students to challenge the decision in the Supreme Court. The apex court’s assurance to list the plea signifies the judicial scrutiny that will follow on whether the college’s dress code infringes upon the constitutional rights of the students. The Supreme Court’s upcoming hearing will be pivotal in addressing the balance between institutional regulations and individual rights to religious expression.
The college’s stance is that a uniform dress code is necessary to prevent any form of religious distinction among students, thus fostering a neutral educational environment. The High Court supported this view, stating that such measures are intended to help students concentrate on their education without the influence of religious identifiers.