The
Supreme Court of India will hear a plea on August 9 challenging a Bombay High
Court verdict that upheld a Mumbai college’s ban on wearing ‘hijab’, ‘burqa’,
and ‘naqab’ on campus. This decision comes amid concerns from students about
the impact of the dress code on their education, particularly as term exams
commence.
The
Supreme Court’s decision to hear the plea follows an urgent request from lawyer
Abiha Zaidi, representing the petitioners, including student Zainab Abdul
Qayyum. The petitioners argue that the ban disproportionately affects minority
community students and hinders their educational experience.
In May this year, the Chembur Trombay Education
Society’s N G Acharya and D K Marathe College introduced a new dress code. This
policy, which took effect in June, prohibits religious attire such as burqas,
niqabs, hijabs, and any religious identifiers like badges, caps, or stoles
within the college premises.
The college argued that the dress code is intended
to maintain discipline and achieve uniformity among students, thereby avoiding
the disclosure of religion. The college also said that the dress code ensures a
focus on academics without religious distinctions.
The college’s stance is supported by a Karnataka
High Court ruling, which stated that wearing hijab or niqab is not an essential
practice of Islam.
Nine female students from the college challenged the
dress code in the Bombay High Court, labelling it as arbitrary and
discriminatory. They argued that the hijab and niqab are integral to their
religious beliefs, as per the Quran and Hadith, and that the college’s
restrictions impede their access to education.
The students claimed that their fundamental rights to freedom of
expression and religion, under Articles 19(1)(a) and 25 of the Indian Constitution,
were being violated. They also contended that the college’s decision
contradicted the University Grants Commission’s (UGC) regulations aimed at
promoting equity in higher education.