New Delhi: Supreme Court Stay till Friday 18th November mumbai college‘s circular ban Student Prohibited the wearing of hijab, cap or badge, but allowed educational institutions to enforce their circulars banning the wearing of hijab, cap or badge. Burqa, mask Or a theft has occurred in his premises.
A bench of Justices Sanjiv Khanna and Sanjay Kumar issued notice to the college on a plea jointly filed by three students — Zainab Abdul Qayyum Chaudhry, Nasreen Bano Mohammad Tanzeem Sheikh and Nazneen Mazhar Ansari — appealing against the Bombay high court order upholding the college’s circular. “In the meantime, we stay Clause 2 of the circular to the extent that it directs that no hijab, cap or badge shall be permitted,” it said.
Shouldn’t it be left to girls to decide what they want to wear? Supreme Court asked
Section 2 of the Mumbai College circular reads, “You (students) shall abide by the dress code It is compulsory to wear formal and modest attire in the college that does not reveal one’s religion, such as ‘No burqa, no niqab, no hijab, no cap, no badge, no stole, etc. Only full or half shirt and normal trouser for boys and any Indian/western non-revealing attire for girls in the college premises. Changing rooms are available for girls.’
However, a bench headed by Justice Sanjiv Khanna orally clarified that no one can wear burqa inside the college or classrooms. The interim stay was limited to the ban on wearing hijab, cap or badge.
to be present for theChembur Trombay Educational SocietySenior advocate Madhavi Divan, appearing for the Union Public Service Commission (UPSC), under which the college was functioning, said that 441 Muslim girl students were studying in various courses in the college and no one except the three petitioners had any objection to the circular.
They feared that allowing hijab, which hinders female students from accessing education and interacting with others, is not appropriate inside a school. education institution This will be exploited by vested interest groups. He asked, “How will we stop someone from coming to the college wearing a saffron shawl?”
Justice Khanna asked, “Will you bar a girl student from entering college for wearing a tilak?” Going a step further, Justice Kumar asked, “Will you bar a girl student from entering for wearing a bindi? Shouldn’t it be left to the girl to decide what she wants to wear? Where is your initiative to empower women by providing for no dress code? The less said the better.”
While keeping its interim order in force till November 18, the bench noted Dewan’s apprehension that the interim order could be misused by vested interests and said, “If the interim order is misused, the college will be free to approach the Supreme Court for appropriate orders.”
The bench agreed with the circular that students should wear modest clothes inside the college. Dewan said the circular is religion neutral and is not intended to highlight the religion of the students. He said when the case was being adjudicated in the Bombay High Court, the college had opposed a plea by a Hindu organisation to intervene in the proceedings.
Justice Kumar said, “You don’t want the religion of the students to be revealed? Will their names not reveal their religion? Will you give them numbers at the gate so that they are addressed by numbers and not by names? What is all this?”
Justice Khanna said that a statutory appeal against this Hijab ban The decision was pending before a larger bench of the Supreme Court. A two-judge bench of the Supreme Court had delivered a split verdict on the Karnataka government’s hijab ban in educational institutions on October 13, 2022. That issue was referred to a larger bench and it has not yet been listed for hearing.
Dewan further said, “These (burqa, hijab and niqab) are a hindrance for students to get education. We have made lockers. We told them that if you want, you can come wearing hijab and keep it in the locker provided by the college. Change rooms have also been provided.”
Justice Khanna found merit in Dewan’s argument and said, “You may be right to some extent, because considering the background they come from, the family would be insisting that they should wear the hijab and go to college and not remove it.”
“How will we stop students from coming to college tomorrow wearing saffron shawls while some are allowed to wear burqas? We cannot become a playground for religion or politics,” Dewan said.
Justice Kumar said in the same tone, “When was the college established? How did you suddenly realise that there are different religions in the country? It is unfortunate that you give such directions. After so many years of Independence, how did you realise that there are different religions in this country? The college was established in 2008 and till now you had no problem and suddenly you woke up?” When the bench said it was going to stay the circular, Dewan sought a detailed hearing. But the bench said it would hear him in November.
When Dewan complained that the college’s autonomy was being taken away, the bench said, “Your autonomy is not being taken away but don’t insist that A or B should come dressed in a particular way. As you said, the solution to a lot of things is proper and good education. I am certainly aware that wearing burqa in college cannot be allowed. You cannot sit in class wearing a burqa.”
A bench of Justices Sanjiv Khanna and Sanjay Kumar issued notice to the college on a plea jointly filed by three students — Zainab Abdul Qayyum Chaudhry, Nasreen Bano Mohammad Tanzeem Sheikh and Nazneen Mazhar Ansari — appealing against the Bombay high court order upholding the college’s circular. “In the meantime, we stay Clause 2 of the circular to the extent that it directs that no hijab, cap or badge shall be permitted,” it said.
Shouldn’t it be left to girls to decide what they want to wear? Supreme Court asked
Section 2 of the Mumbai College circular reads, “You (students) shall abide by the dress code It is compulsory to wear formal and modest attire in the college that does not reveal one’s religion, such as ‘No burqa, no niqab, no hijab, no cap, no badge, no stole, etc. Only full or half shirt and normal trouser for boys and any Indian/western non-revealing attire for girls in the college premises. Changing rooms are available for girls.’
However, a bench headed by Justice Sanjiv Khanna orally clarified that no one can wear burqa inside the college or classrooms. The interim stay was limited to the ban on wearing hijab, cap or badge.
to be present for theChembur Trombay Educational SocietySenior advocate Madhavi Divan, appearing for the Union Public Service Commission (UPSC), under which the college was functioning, said that 441 Muslim girl students were studying in various courses in the college and no one except the three petitioners had any objection to the circular.
They feared that allowing hijab, which hinders female students from accessing education and interacting with others, is not appropriate inside a school. education institution This will be exploited by vested interest groups. He asked, “How will we stop someone from coming to the college wearing a saffron shawl?”
Justice Khanna asked, “Will you bar a girl student from entering college for wearing a tilak?” Going a step further, Justice Kumar asked, “Will you bar a girl student from entering for wearing a bindi? Shouldn’t it be left to the girl to decide what she wants to wear? Where is your initiative to empower women by providing for no dress code? The less said the better.”
While keeping its interim order in force till November 18, the bench noted Dewan’s apprehension that the interim order could be misused by vested interests and said, “If the interim order is misused, the college will be free to approach the Supreme Court for appropriate orders.”
The bench agreed with the circular that students should wear modest clothes inside the college. Dewan said the circular is religion neutral and is not intended to highlight the religion of the students. He said when the case was being adjudicated in the Bombay High Court, the college had opposed a plea by a Hindu organisation to intervene in the proceedings.
Justice Kumar said, “You don’t want the religion of the students to be revealed? Will their names not reveal their religion? Will you give them numbers at the gate so that they are addressed by numbers and not by names? What is all this?”
Justice Khanna said that a statutory appeal against this Hijab ban The decision was pending before a larger bench of the Supreme Court. A two-judge bench of the Supreme Court had delivered a split verdict on the Karnataka government’s hijab ban in educational institutions on October 13, 2022. That issue was referred to a larger bench and it has not yet been listed for hearing.
Dewan further said, “These (burqa, hijab and niqab) are a hindrance for students to get education. We have made lockers. We told them that if you want, you can come wearing hijab and keep it in the locker provided by the college. Change rooms have also been provided.”
Justice Khanna found merit in Dewan’s argument and said, “You may be right to some extent, because considering the background they come from, the family would be insisting that they should wear the hijab and go to college and not remove it.”
“How will we stop students from coming to college tomorrow wearing saffron shawls while some are allowed to wear burqas? We cannot become a playground for religion or politics,” Dewan said.
Justice Kumar said in the same tone, “When was the college established? How did you suddenly realise that there are different religions in the country? It is unfortunate that you give such directions. After so many years of Independence, how did you realise that there are different religions in this country? The college was established in 2008 and till now you had no problem and suddenly you woke up?” When the bench said it was going to stay the circular, Dewan sought a detailed hearing. But the bench said it would hear him in November.
When Dewan complained that the college’s autonomy was being taken away, the bench said, “Your autonomy is not being taken away but don’t insist that A or B should come dressed in a particular way. As you said, the solution to a lot of things is proper and good education. I am certainly aware that wearing burqa in college cannot be allowed. You cannot sit in class wearing a burqa.”
