Supreme Court Stays Mumbai College’s Hijab Ban, Questions Exemption for Tilak and Bindi

The Supreme Court recently stayed a circular issued by NG Acharya and DK Marathe College in Mumbai, which had banned students from wearing hijabs, niqabs, burqas, caps, and similar religious attire on its premises. However, the court ruled that while the ban on religious attire in classrooms should be upheld, the prohibition should not selectively target specific religious symbols like the hijab while allowing others, such as tilaks and bindis, to be worn freely.

A bench of Justices Sanjiv Khanna and Sanjay Kumar questioned the college’s approach, suggesting that it was inconsistent and discriminatory. They argued that the college must allow students the freedom to choose their attire and questioned the legality of banning only certain religious symbols while exempting others.

The controversy began when the college issued a notice on May 1 via its official WhatsApp group, which included students and faculty, outlining a dress code that banned religious attire like the hijab, niqab, and burqa. Nine female students challenged the ban, claiming it violated their fundamental rights.