The Supreme Court on Thursday gave a split verdict on a batch of petitions challenging the Karnataka High Court judgement refusing to lift the ban on hijab in educational institutions of the state. A bench of Justices Hemant Gupta and Sudhanshu Dhulia gave divergent opinions on the matter.
The Chief Justice of India will now constitute a larger bench to decide on the issue.
Justice Gupta upheld the ban and ruled that hijab is not an essential religious practice. On the other hand, Justice Dhulia struck down the ban on Hijab, saying education of girl child most important, Bar and Bench reported.
"This is a matter of the student's choice, nothing more. I respectfully differ from the opinion of my fellow judge," said Justice Dhulia.
Karnataka Minister BC Nagesh said the high court order will remain applicable in the interim time. "We welcome Supreme Court verdict. We had expected a better judgement as women worldwide are demanding to not wear hijab/burqa. The High Court order remains applicable in the interim time and the ban on wearing of hijab in educational institutions of the state remains," Nagesh said.
The bench had reserved its verdict on the pleas on September 22 after hearing arguments in the matter for 10 days. On March 15, the high court dismissed the petitions filed by a section of Muslim students of the Government Pre-University Girls College in Karnataka's Udupi seeking permission to wear the hijab inside classrooms, ruling it is not a part of the essential religious practice in Islamic faith.
During the arguments in the apex court, a number of counsel appearing for the petitioners had insisted that preventing Muslim girls from wearing the hijab to the classroom will put their education in jeopardy as they might stop attending classes. Counsel for the petitioners had argued on various aspects, including the state government's February 5, 2022, order which banned wearing clothes that disturb equality, integrity, and public order in schools and colleges.
Some advocates had also argued that the matter to be referred to a five-judge constitution bench. On the other hand, the counsel appearing for the state had argued that the Karnataka government order that kicked up a row over hijab was "religion neutral".
Insisting that the agitation in support of wearing hijab in educational institutions was not a "spontaneous act" by a few individuals, the state's counsel had argued in the apex court that the government would have been "guilty of dereliction of constitutional duty" if it had not acted the way it did. The state government's order of February 5, 2022, was challenged by some Muslim girls in the high court. Several pleas have been filed in the apex court challenging the high court verdict.
With inputs from PTI
First Published: Oct 13, 2022 10:48 AM IST
