The Supreme Court is set to hear an appeal on August 9 against a Bombay High Court order that upheld a college's ban on students wearing burqas, hijabs, niqabs, stoles, or caps on campus. The Chembur-based NG Acharya and DK Marathe College implemented this dress code, which has sparked controversy among students and advocates of religious freedom.
A bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra will oversee the hearing. The appeal was brought to the Supreme Court by the petitioner's lawyer, who emphasised the urgency of the matter due to the commencement of exams. The lawyer argued that the college's dress code is discriminatory and violates the students' fundamental rights to privacy, dignity, and religious freedom.
The controversy began when a group of female students from the college challenged the new dress code. The students, who are in the second and third years of B.Sc and B.Sc (Computer Science) programs, argued that the dress code infringes upon their constitutional rights. They claimed that the ban on religious attire specifically targets Muslim students, thus impeding their freedom to express their religious beliefs.
In response to the petition, the college administration asserted that the dress code applies to all religious symbols, not just those associated with Islam. The college argued that the policy aims to create a uniform environment where students can focus on their education without distractions related to religious identity.
This stance was supported by the Bombay High Court, which ruled in favour of the college, stating that the dress code does not violate the provisions of Articles 19(1)(a) and 25 of the Indian Constitution, which pertain to freedom of speech and expression and freedom of religion, respectively.
The High Court's decision emphasised that the college's dress code is a legitimate effort to prevent the revelation of a student's religion through their attire, thus fostering an environment conducive to learning.
The court noted that this measure is in the larger interest of the students, as it aims to ensure that they concentrate on acquiring knowledge and education without being influenced by religious distinctions.
Despite the High Court's ruling, the petitioners remain adamant that the dress code is an infringement on their rights. They contend that being forced to abandon their religious attire for the sake of conformity undermines their personal dignity and religious identity. The students and their legal representatives argue that the dress code imposes an unnecessary burden on their ability to practise their faith freely.
The Supreme Court's upcoming hearing on August 9 will be crucial in determining whether the college's dress code will stand or be overturned. The case has garnered significant attention as it touches upon the broader issues of religious freedom, individual rights, and the extent to which educational institutions can regulate student attire.
The petitioners hope that the Supreme Court will recognize the importance of protecting religious freedom and overturn the High Court's decision. They argue that a secular education system should accommodate religious diversity rather than suppress it. The outcome of this case could set a precedent for how educational institutions across India address issues of religious expression and dress codes.
The Supreme Court's decision will have far-reaching implications for the balance between maintaining a secular educational environment and respecting individual religious rights.
As the court deliberates on this contentious issue, the petitioners and their supporters await a ruling that they hope will affirm their right to express their religious identity freely within the academic setting.
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