Supreme Court
Mumbai: The Supreme Court will hear today the petition filed by students against the ban on burqa and hijab in a Mumbai college. Earlier, the Bombay High Court on June 26 refused to interfere with the decision of NG Acharya and DK Marathe College of ‘Chembur Trombay Education Society’ to ban hijab, burqa and niqab and said that such rules do not violate the fundamental rights of students. The High Court had said that the purpose of the ‘dress code’ is to maintain discipline, which is part of the college’s fundamental right to “establish and administer” an educational institution.
Violation of fundamental rights
The students filed a petition in the Supreme Court against this decision, arguing that the dress code on campus and the ban on wearing hijab, niqab, burqa and other religious attire violate their fundamental rights. They argued that the college’s order violates their right to choose their dress, their right to privacy and their freedom of expression under Article 19(1)(a) as well as their right to freedom of religion under Article 25 of the Constitution.
Students had requested for an early hearing
A bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra took note of the arguments of the students’ lawyer that the exams are starting and the girl students of the minority community are facing difficulties due to the instructions on ‘dress code’. Advocate Abiha Zaidi, appearing for the petitioners including Zainab Abdul Qayyum, requested an urgent hearing on the matter, saying that ‘unit tests’ are starting in the college. To this, the CJI said, “It will be heard on Friday. I have already listed it.”
No impact on freedom of expression-Bombay High Court
On June 26, a bench of Justice A.S. Chandurkar and Justice Rajesh S. Patil of the Bombay High Court refused to consider the students’ petition and said that the dress code is limited to the college campus and does not affect the freedom of choice and expression of the petitioners. (Input- Bhasha)
Latest India News
