Supreme Court gave a split verdict in the Karnataka hijab ban
New Delhi:
Petitions challenging the Karnataka hijab ban led to a split verdict in the Supreme Court today. Justice Hemant Gupta dismissed the petitions against the hijab ban, while Justice Sudhanshu Dhulia allowed them.
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“It’s ultimately a matter of choice, nothing more, nothing else. Uppermost in my mind was education of the girl child. I respectfully disagree with my brother judge,” said Justice Dhulia.
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“There is divergence of opinion,” said Justice Gupta, who then asked 11 questions to the petitioners before dismissing their plea. He said he agrees with the Karnataka High Court’s order.
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The Karnataka High Court had refused to lift the ban on hijab – headscarves worn by some Muslim women – in schools and colleges.
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Justice Dhulia said the matter will be placed before the Chief Justice of India for hearing by a three-judge bench.
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The BJP-ruled state government banned students from wearing hijab on campus on February 5.
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It was challenged by Muslim girl students in the Karnataka High Court. On March 15, the high court dismissed petitions filed by some Muslim students of Government Pre-University Girls College in Karnataka’s Udupi.
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The high court ruled that the students’ request to wear the hijab inside classrooms was not a part of the essential religious practice in Islamic faith.
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The split verdict in the Supreme Court today came after the bench of Justices Gupta and Dhulia reserved its judgement on the pleas on September 22. The bench had heard arguments for 10 days before it reserved its verdict.
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Lawyers appearing for the petitioners had insisted that preventing the Muslim girls from wearing the hijab to the classroom will jeopardise their education as they might stop attending classes.
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The lawyers appearing for the state had argued that the Karnataka government order that sparked the controversy was “religion neutral”.
