Mumbai, Aug 9 Hours after the Supreme Court on Friday passed an interim order staying the directive issued by a Mumbai college banning the sporting of hijab, veil, stole, cap, etc., on the campus, Shiv Sena deputy leader Sanjay Nirupam said that everyone should respect the apex court’s ruling.
Nirupam said, "Wearing hijab is the right of Muslim women but schools and colleges have their own right to decide on dress codes. They have their own rules and they have the right to frame them. While everyone should follow those rules, when a dispute arises, the final decision has to be taken by the Supreme Court. The top court has given its ruling today and everyone should respect it.’’
During the hearing on Friday, a division bench comprising Justices Sanjiv Khanna and Sanjay Kumar questioned the college's selective ban on religious symbols, asking why it had not extended the prohibition to other markers of religion, such as tilak and bindi, if the intention was to enforce a uniform dress code.
Against this backdrop, Nirupam’s statement becomes important as a section of students had strongly opposed the circular issued by the Chembur-based N.G. Acharya and D.K. Marathe College banning hijab and wearing torn jeans, T-shirts, or revealing dresses.
Some had approached the Bombay High Court which dismissed their petition. The court held that a dress code is decided in the "larger academic interest" of the students.
In May, the college introduced a new dress code banning religious attires such as burqas, niqabs, hijabs, and any religious identifiers like badges, caps, or stoles within the college premises. The circular came into effect in June.
The college had put up a strong defence saying that the dress code aimed to maintain discipline and achieve unanimity among the students to avoid the disclosure of religion.
The college also said that the dress code ensures a focus on academics without religious distinctions.
During the hearing on Friday, the SC bench also stressed that no religious activities should be permitted on college premises, adding that burqa cannot be worn by girls inside the classroom.
On Thursday, Chief Justice of India (CJI) D.Y. Chandrachud was apprised by the counsel representing the Muslim students that they would not be allowed to appear for the college examination, and their plea required an urgent hearing.
At this, CJI Chandrachud told the petitioners’ counsel that the apex court would hear the matter on August 9.
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