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The Supreme Court on Friday partially stayed a circular issued by a private Mumbai college, banning 'hijab, burqa, cap and naqab' on the campus and said that students must have the freedom to choose what they wear.
The top court also wondered why the college did not ban 'tilak' and 'bindi' if it intended the religious faith of the students not to be revealed.
A bench of Justices Sanjiv Khanna and Sanjay Kumar issued a notice to the Chembur Trombay Education Society, which runs NG Acharya and DK Marathe College, and sought its response by November 18.
While ordering an interim stay of the college circular, the court said that educational institutions cannot force their choice on students.
"Girl students must have freedom of choice in what they are wearing and college cannot force them. It's unfortunate that you suddenly wake up to know that there are many religions in the country," the bench told the college administration.
The court was hearing a petition filed by several female Muslim students challenging a Bombay High Court verdict upholding DK Marathe College's decision to ban hijab, burqa and naqab inside the campus.
"Will the students' names not reveal their religious identity?" the bench asked senior advocate Madhavi Diwan, appearing for the educational society.
The court, however, said no burqa can be allowed to be worn by girls inside the classroom and no religious activities can be permitted on the campus.
The top court bench also said that its interim order must not be misused by any party. It also granted the educational society and the college the freedom to return to court if any misuse occurs.
During the hearing, senior advocate Colin Gonsalves and advocate Abiha Zaidi, appearing for the petitioners, argued that over 400 girls regularly wear hijabs to the college and they have not been able to attend classes because of the college diktat.
Earlier, the Bombay High Court had refused to interfere with the college's decision, saying such rules do not violate the fundamental rights of students.
It had said a dress code is meant to maintain discipline and this is part of the college's fundamental right to "establish and administer an educational institution".
