Hijab Ban: Supreme Court delivers split verdict, matter placed before CJI

Hijab Ban Verdict: Justices Hemant Gupta, Sudhanshu Dhulia issued separate judgements. It is a matter of choice, nothing more and nothing less: Justice Dhulia.

Supreme Court judgement on Hijab banSupreme Court judgement on Hijab ban

Anu Parthiban | October 13, 2022 | 10:51 AM IST

NEW DELHI: The Supreme Court today delivered a split verdict on the Karnataka Hijab ban verdict of Karnataka High Court. In light of the divergence of opinion, the matter has to be placed before the Chief Justice of India for appropriate decision.

Justices Hemant Gupta and Sudhanshu Dhulia issued separate judgments on the Hijab Ban verdict. Justice Hemant Gupta's verdict upheld the hijab ban verdict of Karnataka High Court. Whereas, Justice Sudhanshshu Dhuli allowed all the appeals and set aside the judgment of the Karnataka High Court.

Justice Dhulia said, “The main thrust of my judgement is the entire concept of essential religious practice was not essential to the dispute. The High Court took a wrong path. It is ultimately a matter of choice and Article 14 and 19,” the Live Law reported.

It is a matter of choice, nothing more and nothing less, Justice Dhulia said. Ordering removal of restriction, he added, ”The foremost question in my mind was the education of the girl child. Are we making her life any better?”

On the other hand, Justice Hemant Gupta said that he has answered 11 questions in his order and proposed to dismiss the appeals.

The bench had reserved its verdict on the pleas on September 22 after hearing arguments in the matter for 10 days.

Also read | Hijab Ban: Equality, dignity on trial for Muslim girl students in Karnataka

It was on March 15, the Karnataka High Court had dismissed pleas seeking permission to wear hijab inside the classroom, stating that it is not a part of essential religious practice in Islamic faith. The petitions were filed by Muslim students of the Government Pre-University Girls College in Karnataka's Udupi.

A number of counsel appearing for the petitioners argued that preventing Muslim girls from wearing the hijab to the classroom will put their education is unreasonable.

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