The Supreme Court’s two-judge bench issued its decision in the hijab ban case. While Justice Hemant Gupta’s decision upheld the Karnataka High Court’s hijab ban decision, Justice Dhulia stated that hijab is a personal choice. Since the verdict has been rendered, the Chief Justice will assign the case to a larger bench in due course.
Following the Supreme Court’s split decision on Thursday on petitions challenging the hijab ban in the southern state of Karnataka at educational institutions, the state’s education minister, BC Nagesh, stated that the restrictions on wearing hijabs – headscarves worn by Muslim girls and women – would remain in place.
On the other hand, according to Justice Gupta, “Whether college administration can make decisions about student uniforms, and whether wearing hijab and restricting it violates Article 25. Whether Article 19 and Article 25 rights are mutually exclusive. Whether a government order violates a fundamental right. Can a student exercise her fundamental right, is wearing right a part of essential religious practice under Islam and does government order serve the purpose of education access? According to me, the answer is in favor of the appellant. I deny the appeal.”
Karnataka Hijab ban case | In view of a split verdict by Supreme Court, the order of the Karnataka High Court will remain applicable in the interim time: Advocate Barun Sinha representing the Hindu side pic.twitter.com/LcaU3j2G5r
— ANI (@ANI) October 13, 2022
On the other hand, Justice Sudhanshu Dhulia emphasized that wearing hijabs is a personal choice and cannot be restricted.
On March 15, the high court quashed petitions filed by a group of Muslim students at the Government Pre-University Girls College in Udupi, Karnataka, requesting permission to wear the hijab in class, ruling that it is not an essential religious practice in the Islamic faith.
Several counsels for the petitioners argued in the Supreme Court that prohibiting Muslim girls from wearing the hijab to school would jeopardize their education because they would stop attending classes.
The case has now been referred to the Chief Justice, and no restrictions can be imposed. Justice DY Chandrachud will succeed CJI UU Lalit when he retires in November.
Prior to the decision, Congress leader Kapil Sibal tweeted: “Karnataka banning “hijab” in schools.” A laboratory experiment. If it is successful, it will be replicated in all BJP-ruled states to gain “political mileage.” Instead, let us try lowering inflation (7.4% in September) while increasing factory output. reducing poverty, bringing justice to the poor.”
Banning “hijab” in schools
A lab experiment
If it succeeds it will be repeated in all BJP ruled states for “political mileage”
Let’s instead experiment with:
Increasing factory output
Delivering justice to the poor
— Kapil Sibal (@KapilSibal) October 13, 2022