Hijab Ban In Mumbai College: SC To Hear Students' Plea Against Bombay HC Verdict; Ruling Expected Soon

The Supreme Court of India has decided to hear a plea challenging the Bombay High Court (BHC)'s verdict that upheld a Mumbai college's decision to ban the wearing of 'hijab', 'burqa', and 'naqab' within its campus. This decision follows the High Court's ruling on June 26, which supported the Chembur Trombay Education Society's N G Acharya and D K Marathe College's dress code policy.

Bombay High Court's Ruling

The BHC had earlier upheld the college's decision, stating that the imposition of a dress code did not violate the students' fundamental rights. The court argued that maintaining discipline through a dress code falls within the college's fundamental right to "establish and administer an educational institution" under Article 19(1)(g) of the Indian Constitution, which guarantees the right to practice any profession or run a trade or business.

The court found that the dress code, which prohibited students from wearing 'hijab', 'burqa', and 'naqab,' stoles, caps, and badges on the premises, did not infringe upon the students' rights under Articles 19(1)(a) (freedom of speech and expression) and 25 (freedom of practice of religion) of the Constitution. The High Court emphasised that the college's dress code was intended to maintain discipline and was applied uniformly to all students, regardless of religion or caste.

Arguments And Judgments

The students, who were in their second and third years of a science degree course, had challenged the college's directive, arguing that it contravened their fundamental rights to practice their religion, privacy, and personal choice. They claimed the ban was "arbitrary, unreasonable, bad-in-law, and perverse."

The High Court, however, dismissed these claims, stating there was no substantial evidence to support that the 'hijab', 'burqa', and 'naqab' were essential religious practices. The court referred to translations of religious texts and found that the contention lacked sufficient material evidence.

The High Court's decision was based on its interpretation of the Constitution's provisions regarding educational institutions' rights and the balance between individual freedoms and institutional policies.

Supreme Court Proceedings

The Supreme Court, comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra, has scheduled a hearing for the appeal. This move follows an urgent request from the petitioners' lawyer, Abiha Zaidi, who highlighted the imminent commencement of unit tests at the college, adding urgency to the matter.

Previous Verdicts

This case follows a similar controversy in Karnataka, where a two-judge bench of the Supreme Court delivered opposing verdicts on October 13, 2022. The Karnataka government had imposed a ban on 'hijabs' in schools. Justice Hemant Gupta, who has since retired, dismissed appeals against the ban, while Justice Sudhanshu Dhulia ruled that no such restrictions should be imposed in schools and colleges.