Karnataka hijab ban: Supreme Court has a split verdict. Now what?
Karnataka Hijab ban | In their verdicts, Justice Hemant Gupta held that hijab is not part of "essential religious practice" in the Islamic faith. Meanwhile, Justice Sudhanshu observed that it is ultimately a "matter of choice". Now, in view of the split order, will the ban on hijab continue? How will the dispute be solved and what will happen next? Read on to know.
The Supreme Court delivered a split verdict on the hijab ban case on Thursday, October 13. The court was hearing pleas against the Karnataka High Court's March 15 verdict that had refused to lift the ban on wearing hijab, a kind of head scarf worn in public by some Muslim women.
Justice Hemant Gupta dismissed the appeals and held that hijab is not part of "essential religious practice" in the Islamic faith. Meanwhile, Justice Sudhanshu Dhulia allowed the pleas, observing that it is ultimately a "matter of choice".
Given the split order, will the ban on hijab continue?
Following the verdict, Karnataka Primary and Secondary Education Minister BC Nagesh said the Karnataka High Court order upholding the state government's ban on hijab on school and college campuses will remain valid.
In simple words, the ban will continue until the Supreme Court's next verdict.
"The Karnataka High Court order will remain valid. Hence, in all our schools and colleges, Karnataka education act and rule, there will be no scope for any religious symbols. So our schools and colleges will run as per the Karnataka High Court order. Children will have to come to the schools accordingly," Nagesh was quoted by PTI as saying.
How will the dispute be solved? What will happen next?
The matter has now been placed before the Chief Justice of India (CJI). The Supreme Court bench directed that the appeals against the high court verdict be placed before the CJI for constituting an appropriate larger bench.
Here's what's expected on the legal front:
IN BRIEF | What's the Karnataka hijab case
Massive protests erupted in various districts of Karnataka earlier this year after some Muslim students of the pre-university college in Karnataka’s Udupi were not allowed to attend classes wearing a hijab. Pro- and anti-hijab protests then marred the state in various collages.
In the aftermath of massive protests over the wearing of hijab by women, the Karnataka government had on February 5 passed an order barring clothes that "disturb equality, integrity, public order in school and colleges".
On March 15, the Karnataka High Court held the state government's argument that the hijab is not an essential religious practice under Islam. The plea had sought permission to wear the hijab inside classrooms. The court had then dismissed petitions filed by a section of Muslim students from the Government Pre-University Girls College in Udupi.
The girls had sought permission to wear Hijab inside the classrooms. They had argued before the high court that wearing the Islamic headscarf was an innocent practice of faith and an essential religious practice and not a display of religious jingoism.
Thereafter, several pleas were filed in the court against the March 15 verdict of the high court, holding that wearing a hijab is not a part of the essential religious practice which can be protected under Article 25 of the Constitution.
(With inputs from News 18 and agencies)
(Edited by : Akriti Anand)
First Published: Oct 13, 2022 4:35 PM IST
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