Supreme Court to hear plea against Bombay HC verdict upholding Hijab ban in college

The N G Acharya & D K Marathe College authorities in Mumbai prescribed a dress code prohibiting their students from wearing hijab, nakab, burkha, stole, cap, on campus.

New Delhi: The Supreme Court on Thursday agreed to hear on August 9 a plea filed by a group of college students, challenging the Bombay High Court's judgment which upheld the ban imposed by a private college in Mumbai on the wearing of hijab, nakab, burkha, cap, etc by students on its campus.

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra scheduled the matter for hearing on Friday as the petitioners counsel said the examination was beginning on Thursday and students faced difficulties.

The N G Acharya & D K Marathe College authorities in Mumbai prescribed a dress code prohibiting their students from wearing hijab, nakab, burkha, stole, cap, etc, on campus.

Nine female students challenged this dress code before the Bombay High Court.

A bench of Justices A S Chandurkar Rajesh S Patil had on June 26 refused to entertain the plea.

The HC had said that the insistence for following the dress code is within the college premises and the petitioners' freedom of choice and expression is not otherwise affected.

Thereafter, the students moved the top court by filing an appeal before it by challenging the HC's order.

The petitioners contended the dress code and the restriction on hijab, nakab, burka etc in the campus violates their fundamental rights.

As per the code, the dress of the students is expected to be formal and decent and should not reveal the religion of any student.

Students contended that the dress code was arbitrary and discriminatory and the college was wrong in its order in trying to impose a dress code.

They stated, "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."