On Hijab Ban, Supreme Court's 'Bindi, Tilak' Poser To Mumbai College

The apex court questioned whether individuals with a tilak or bindi would also be barred by the college.

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The Hijab ban, which became a highly debated topic after first emerging from Karnataka, has even reached Mumbai as well. While asking the college not to go ahead with the Hijab ban, the SC asked the college whether it would ban girls sporting Bindi or Tialk as well. A Bench comprising Justices Sanjiv Khanna and PV Sanjay Kumar issued a notice regarding the petition challenging the ban, and temporarily suspended the ban on hijabs and caps.

Justice Kumar also commented that colleges need to stop making such rules. The Court questioned whether individuals with a tilak or bindi would also be barred by the college.

"That is not part of the instruction at all. You haven't stated that," the Bench pointed out to the counsel representing the college.

The college contended that permitting Muslim female students to wear hijabs would prevent them from stopping Hindu students from wearing saffron shawls, potentially leading to controversy fueled by political elements. The top court emphasized that its interim order on 'burqa and hijab' should not be misinterpreted or misused, and granted the Mumbai college the right to approach the court if such misuse occurs.

The Court noted that the college's decision could hinder efforts to empower women.

"How are you empowering women by telling them what to wear? Less said the better. Where is the choice for the woman? You have suddenly woken up to the fact that they are wearing it. It is unfortunate that these all being said after so many years of independence and you say religion is there in this country," Justice Kumar said.

The Bench was hearing a plea challenging the Bombay High Court's decision to uphold a ban imposed by a Chembur (Mumbai) college, which prohibited students from wearing burqas, hijabs, or niqabs on campus. The petition was drafted by advocate Hamza Lakdawala and filed by advocate Abiha Zaidi.