The Supreme Court of India on Friday, August 9, partly stayed a Mumbai college's order banning hijab, burqa, cap and naqab inside the college campus, as per the Live Law report.
"Suddenly you wake up to know that there are many religions in the country," the apex court told the college situated Mumbai's Chembur area. The court sought response from Mumbai's educational society on the plea and said that its interim order in the issue should not be misused. It granted the college liberty to approach the court if misused.
"Girl students must have freedom of choice in what they are wearing and college cannot force them...It's unfortunate that you suddenly wake up to know that there are many religions in the country," the bench told the college administration at the centre of a fresh row over a dress code for Muslim students.
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A bench comprising Justices Sanjiv Khanna and PV Sanjay Kumar issued notice on the petition challenging the ban while staying the ban on hijab and caps. "We issue notice in the week commencing November 18. We partly stay clause 2 of the impugned circular to the extent that it directs that no hijab, no cap, no badges will be allowed. We hope and trust this interim order is not misused by anybody," the Court said in the order, reported Bar and Bench.
The court questioned the reason behind the decision during the hearing and said the students should be allowed to wear what they want. The Court said the college's decision would work against empowering women.
The Bench was hearing a plea challenging the Bombay High Court verdict that upheld the ban imposed by a Chembur (Mumbai) college on students wearing burqas, hijab, or niqabs on campus. The petition was drafted by advocate Hamza Lakdawala and filed through advocate Abiha Zaidi.