The college argued that the ban was in place to ensure that the students' religion was not disclosed.
Coming down heavily on a Mumbai college which had barred students from wearing burqas and hijab on campus, the Supreme Court asked the institution's authorities how they were empowering women by telling them what to wear. In a stinging observation, the court also remarked that it was unfortunate that such bans were imposed even so many years after Independence.
Hearing a petition filed by nine girl students against the ban on burqas, hijab, niqab, caps, stoles and badges imposed by the NG Acharya & DK Marathe College in Mumbai's Chembur on Friday, a bench of Justices Sanjiv Khanna and PV Sanjay Kumar partially stayed the order. It said hijabs, caps and badges would be allowed and added that it hoped that the order would not be misused.
When the hearing began, Senior Advocate Madhavi Divan, appearing on behalf of the college, said that if the petitioners were allowed to wear hijabs and burqas, other students would come wearing saffron shawls to make a political point and it did not want that to happen.
"Will you ban girls wearing a bindi or tilak?" the bench asked.
The lawyer for the college said that there were 441 students from the community in the college and when a girl wears a veil or an article of clothing like that, it creates a barrier between her and the other students. She also pointed out that changing rooms had been arranged for the students to take off their hijabs or burqas before entering.
"You may be right (but) the background they come from, family members may say wear it and go and they have to wear it. But everyone should study together," the court said.
'Suddenly Woken Up'
"How are you empowering women by telling them what to wear? What girls want to wear should be left to them. Where is their choice? You have suddenly woken up that they are wearing it? It is unfortunate that after so many years of independence, such a ban is being talked about," Justice Kumar said.
When the college argued that the ban was also in place to ensure that the students' religion was not disclosed, the court remarked that religion is revealed by names as well and stressed that such rules must not be imposed.
Noting that wearing a burqa could not be allowed as students could not sit in class like that, the court partially stayed the circular and said, "We issue notice in the week commencing November 18. We partly stay the impugned circular to the extent that it directs that hijab, caps and badges will not be allowed. We hope and trust this interim order is not misused by anybody."
The girls had approached the Supreme Court after the Bombay High Court had rejected their petition.