New Delhi: The Supreme Court on Friday partly stayed a directive issued by a Mumbai colleged imposing a dress code directing students not to wear a hijab, naqab, burka, stoles, caps and badges on the premises and said that its interim order on burqa, hijab should not be misused.
A bench comprising Justice Sanjiv Khanna and Justice PV Sanjay Kumar issued notice on a petition challenging the ban and listed the matter for further hearing in the week commencing November 18.
Apex court was hearing a plea challenging High Court order upholding ban on hijab, burqa by a Mumbai college
The bench, while hearing a plea challenging an order of the Mumbai High Court upholding ban at the Mumbai college, said that the students be allowed what they want to wear and questioned the rationale behind the decision by the college.
“How are you empowering women by telling them what to wear? Unfortunate after so many years of independence,” the bench said.
“We partly stay clause 2 of the impugned circular to the extent that it directs that no hijab, no cap, no badges will be allowed. We hope and trust this interim order is not misused by anybody,” the bench added.
What did High Court say?
“In our view, the dress code as prescribed cannot be held to violate the petitioners’ rights claimed under Article 19(1) (a) and Article 25 of the Constitution of India. The college administration and the management have a fundamental right to administer the educational institution under Article 19(1)(g) of the Constitution and in exercise of that right as well as with the object that education can be seriously pursued, the same has been issued,” the High Court had said while dismissing the petition filed by nine students against the decision of the college.
Petitioners before High Court has moved apex court
The petitioners before the High Court has challenged the High Court order before the top court, submitting that the direction by the college was without any authority of law, in so far that there is now law or rule which allows the college to frame such guidelines.