Supreme Court Partially Stays Hijab Ban in Mumbai College
New Delhi, August 11, 2024 – The Supreme Court has partially stayed the directive of a private college in Mumbai that prohibited wearing hijab, burqa, and niqab. The court expressed surprise at the college’s instruction, arguing that it seemed to suppress the revelation of religion through names and identities.
The college had argued that covering the face in class was inappropriate. However, the court countered that this rule seemed discriminatory and unnecessary, suggesting that students could simply identify themselves through other means.
The court also questioned the timing of the college’s instruction, noting that it had never previously enforced such rules. The advocate for the college admitted that over 440 Muslim students had previously attended the institution without issue.
The court expressed concern over the impact of such a ban on religious freedom and freedom of expression. It suggested that the college could simply request students to remove face coverings during class without imposing a blanket ban.
This ruling comes in response to a petition filed by Muslim students who argued that the college’s ban violated their right to practice their religion. The Bombay High Court had previously upheld the ban.
Controversy over Niqab and Burqa
The court also addressed the broader issue of clothing covering the face, stating that wearing any garment that covers the face in the classroom is prohibited. This ruling aligns with previous pronouncements by the court on the matter.
Other Cases and Split Orders
It’s worth noting that the Supreme Court has previously issued split orders regarding hijab bans. In one case, Justice Hemant Gupta upheld the Karnataka High Court’s hijab ban, while Justice Sudhanshu Dhulia rejected it. This inconsistency has led to ongoing debate and legal challenges.