The Supreme Court will hear on Friday the petition challenging the Bombay High Court order that upheld the ban imposed by a Chembur college on wearing burqa, hijab or niqab inside the college campus. The councel appearing for the students mentioned the case today before the top court and requested for an urgent hearing. The top court was told that the exams are starting in the college and thus the court should hear the matter today (Thursday) itself.
CJI DY Chandrachud asked the counsel if the students are being stopped from appearing in exam.
The counsel informed that if the students do not adhereto the uniform prescribed by the college, they will not be allowed to in the exam.
CJI Chandrachud however ensured the counsel for petitioners that the plea is listed for tomorrow and the court shall take it up.
In June, the Bombay High Court had junked a petition filed by nine female students challenging the dress code restrictions imposed by the authorities of a college in Mumbai. The college had prohibited students from wearing hijab, nakab, burkha, stole, etc., on campus. However, the college had clarified that the ban applies to all religious symbols and was not meant to target at Muslims.
A division bench of Justice AS Chandurkar and Justice Rajesh Patil rejected the petition by nine girls. However, a detailed order copy is still awaited.
The Mumbai college in question had contended that the purpose of banning these items is to avoid the display of religious symbols, except for those considered part of the fundamental right to religion, like the turban for Sikhs.
The nine students of NG Acharya and DK Marathe College of Art, Science and Commerce had challenged the new dress code as violative of their fundamental rights to privacy, dignity, and religious freedom. The petitioners moved the high court calling these instructions illegal, arbitrary, and unreasonable. They further contended that the notice was not supported by any statutory authority.
The petitioner contended that they have been wearing the niqab and hijab for several years both within and outside the college. And the fresh notice by the college enlisting instruction for students published on its website and circulated through a WhatsApp message, mandating a dress code prohibitted burkha, niqab, hijab, caps, badges, and stoles, violated their fundamental rights.