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Ban On Hijab, Burqa In College: SC To Hear Plea Against Bombay HC Verdict

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By Sumit Saxena

Published : Aug 8, 2024, 2:54 PM IST

Updated : Aug 8, 2024, 3:46 PM IST

The authorities of the N G Acharya & D K Marathe College, in Mumbai prescribed a dress code prohibiting their students from wearing hijab, nakab, burkha, stole, cap, etc, on campus. The Supreme Court agreed to hear a plea against the Bombay High Court verdict, which upheld this decision of the Mumbai college.

Supreme Court to hear plea against Bombay High Court verdict on ban on hijab and burqa in Mumbai college
File photo of Supreme Court (Getty Images)

New Delhi: The Supreme Court on Friday will hear a plea against the Bombay High Court verdict, which upheld upholding a Mumbai college's decision to ban hijabs, burqas, and naqabs on the campus.

A bench led by Chief Justice of India D Y Chandrachud and comprising Justices J B Pardiwala and Manoj Misra today noted the submissions of a lawyer that term exams begin today and students from the minority community are bound to face difficulties due to instructions on the dress code.

The bench asked whether someone has prevented the appellants from appearing for the exam. The lawyer insisted that the court should hear the matter today in the afternoon. However, the bench said it will hear the matter tomorrow. The lawyer requested for an urgent hearing on grounds of the unit tests beginning. "It is coming up tomorrow…listed it already," said the bench.

The plea contended that the dress code was arbitrary and discriminatory and the college was wrong in its order in trying to impose a dress code. The petition said that the code infringes upon their right to choose their attire, their right to privacy, and freedom of expression under Article 19(1) (a) and their right to freedom of religion under Article 25 of the Constitution.

The authorities of the N G Acharya & D K Marathe College, in Mumbai prescribed a dress code prohibiting their students from wearing hijab, nakab, burkha, stole, cap, etc, on campus. The dress code was challenged by nine female students before the high court.

The apex court is yet to decide the legality of such directions issued by educational institutions. In October 2022, a two-judge bench of the apex court delivered opposing verdicts in the hijab controversy in Karnataka. The then BJP-led state government had imposed a ban on wearing the Islamic head covering in schools there.

New Delhi: The Supreme Court on Friday will hear a plea against the Bombay High Court verdict, which upheld upholding a Mumbai college's decision to ban hijabs, burqas, and naqabs on the campus.

A bench led by Chief Justice of India D Y Chandrachud and comprising Justices J B Pardiwala and Manoj Misra today noted the submissions of a lawyer that term exams begin today and students from the minority community are bound to face difficulties due to instructions on the dress code.

The bench asked whether someone has prevented the appellants from appearing for the exam. The lawyer insisted that the court should hear the matter today in the afternoon. However, the bench said it will hear the matter tomorrow. The lawyer requested for an urgent hearing on grounds of the unit tests beginning. "It is coming up tomorrow…listed it already," said the bench.

The plea contended that the dress code was arbitrary and discriminatory and the college was wrong in its order in trying to impose a dress code. The petition said that the code infringes upon their right to choose their attire, their right to privacy, and freedom of expression under Article 19(1) (a) and their right to freedom of religion under Article 25 of the Constitution.

The authorities of the N G Acharya & D K Marathe College, in Mumbai prescribed a dress code prohibiting their students from wearing hijab, nakab, burkha, stole, cap, etc, on campus. The dress code was challenged by nine female students before the high court.

The apex court is yet to decide the legality of such directions issued by educational institutions. In October 2022, a two-judge bench of the apex court delivered opposing verdicts in the hijab controversy in Karnataka. The then BJP-led state government had imposed a ban on wearing the Islamic head covering in schools there.

Last Updated : Aug 8, 2024, 3:46 PM IST
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