SC To Hear Plea Challenging Hijab, Burqa Ban In Private Colleges

The plea, filed by a group of students from NG Acharya & DK Marathe College, seeks to overturn the Hijab ban, which they argue infringes on their fundamental rights.

The Supreme Court is set to hear a petition today, challenging the Bombay High Court's decision to uphold a ban on wearing hijab, niqab, burqa, caps, and similar religious attire at a private college in Mumbai. The plea, filed by a group of students from NG Acharya & DK Marathe College, seeks to overturn the ban, which they argue infringes on their fundamental rights.
The matter has gained urgency as the petitioners, represented by advocate Abiha Zaidi, are facing immediate challenges. The term examinations at the college began on Thursday, and the students argue that the dress code prevents them from attending their exams. On Thursday morning, Zaidi mentioned the case before Chief Justice of India (CJI) Dhananjaya Y Chandrachud, stressing the need for an expedited hearing due to the ongoing examinations. The CJI informed Zaidi that the case had been assigned to a bench comprising Justices Sanjiv Khanna and PV Sanjay Kumar, which will hear the plea on Friday.

Background of the Case

The controversy starts from a dress code implemented by NG Acharya & DK Marathe College in Mumbai, which prohibits students from wearing attire that signifies religious identity, such as hijab, niqab, burqa, stoles, and caps. Nine female students challenged this dress code in the Bombay High Court, arguing that it violates their constitutional rights. However, on June 26, a bench of Justices AS Chandurkar and Rajesh S Patil of the Bombay High Court rejected the students' plea. The court ruled that the enforcement of the dress code was confined to the college premises and did not interfere with the students’ broader rights to freedom of choice and expression.
Following the high court’s decision, the students took their case to the Supreme Court, arguing that the college’s dress code is arbitrary and discriminatory. They claim that the restrictions infringe on their rights under the Constitution, specifically their right to choose their attire, their right to privacy, and their freedom of expression under Article 19(1)(a). Additionally, they assert that the dress code violates their right to freedom of religion under Article 25 of the Constitution.