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SC Partly Stays Mumbai College's Ban On Hijab, Burqa Inside Campus: 'Students Must Have Choice'

The Supreme Court was hearing a plea challenging a Bombay High CšŸŒ±ourt verdict upholding a Mumbai collegeā€™s decision to ban hijabs, burqas and naqabs inside the campus.

PTI

The Supreme Court on Friday partly stayed the circular of Mumbai college banning 'hijab, burqa, cap and naqab' inside campus, saying that students must have choice to wear what they want. The Supreme Court said its interim order on 'burqa, hšŸŒøijab' should not be misusedšŸ¬ and granted liberty to Mumbai college to approach court in case of misuse.

The Supreme Court was hearing a plea challenging a Bombay High Court verdict upholding a Mumbai collegeā€™s decision to ban hijabs, burqas anšŸ¼d naqabs inside the campus.

"Suddenly you wake up to know there are many religions in country," the Supreme Court told Mumbai college on Friday, addinā›„g that no burqa can be allowed to be worn by girls insidešŸƒ classroom and no religious activities are permitted on campus..

The top court also sought response of Mumbaš’€°iā€™sšŸŒœ educational society on plea challenging High Court verdict imposing ban on wearing 'hijab', 'burqa' in college.


The high court on June 26 refused to interfere with the deą¼ŗcision of the Chembur Trombay Education Societyā€™s NG Acharya and DK Marathe College imposing the ban, saying such rules do not violate the fundamental rights of students.

It said a dress code is meant to maintain discipline and this is part ofā™‰ the collegeā€™s fundamental right to ā€œestablish and administer an educational institutionā€.

The students, who were in the second and third year of the science degree course, had moved the high court, challenging a directive issued by the college imposing a dress code under which students cannot wear hijabs, naqabsšŸŒ„, burqas, stoles, caps and badges on the premises.

The students claimed it was against their fundamental right to practice religion, the right to privacy and right to choice. The collegeā€™s action was ā€œarbitrary, unreasonable, bad-in-law and perverseā€, the plea stated, according to news agency PTI.

The Bombāœ±ay High Court, however, said it could not see how the prescription of dress code by the college violated Articles 19(1)(a) (freedom of speech and expression) and 25 (freedom to practice religion) of the Constitution.

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