Supreme Court Judges differed on Karnataka Hijab Case

Two Judges of Supreme Court differed on Karnataka High Court hijab ban judgment, today. The bench gave a split verdict on the hijab in classrooms should stay or not and called for a larger bench to take it up.

The two-judges, Justice Hemant Gupta and Justice Sudhanshu Dhulia, delivering a split verdict, agreed that “there is a divergence of opinion” and recommended the Chief Justice of India U.U. Lalit to constitute a three-judge bench to decide the matter.

Justice Hemant Gupta backed the ban on the hijab in educational institutions and favoured the Karnataka High Court verdict. He asked, “is wearing a hijab a part of essential practice under Islam, is wearing the hijab or restricting it violates the freedom of religion (Article 25)”? He added, “the government order serves the purpose of access to education and the college has right to decide on the uniform of students”.

Justice Sudhanshu Dhulia said “he ‘respectfully disagreed’ and the ban should go as the education of girls is most important. It is ultimately a matter of choice, nothing more, nothing else. Upper most in my mind was the education of the girls child. Are we making their life better by doing hijab ban?”

On February 5, the BJP’s government in Karnataka banned the hijab on campus, insisting tha the order is ‘religion neutral‘. The order led to massive protest by Muslim community and their leaders. The ban came into lime-light when the Government PU college in Udupi was accused of barring girl students wearing hijab from entering classrooms.

The Karnataka High Court in March, headed by Chief Justice Ritu Raj Awasthi held that Quran- the holy book for Muslims- doesn’t mandate wearing the hijab for women. The hijab “at the most is a means to gain access to public places” and “measure of social security”. The court favoured the ban which Muslim Community later moved to the Supreme Court challenging it.

image credits: Scroll.in

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