SC: Judges differ in the hijab ban case, case was sent to Chief Justice, the larger bench will hear

Posted on 13th Oct 2022 by rohit kumar

The Supreme Court on Thursday delivered its verdict on various petitions challenging the Karnataka High Court order upholding the ban on hijab in educational institutions. The opinion of both judges differed in this matter. While Justice Hemant Gupta dismissed the appeal against the ban by upholding the Karnataka High Court's decision in the matter, a bench of second judge Sudhanshu Dhulia expressed his opposite opinion. Since the judges could not reach a consensus on this matter, the matter has been forwarded to the Chief Justice. The matter will now be heard by a larger bench.

 

What did the judge say about his decisions?

Justice Hemant Gupta dismissed 26 appeals filed against the decision of the Karnataka High Court. However, he raised the question that whether the college management can take any decision on whether the students wear the uniform or the hijab. Does the government order serve the purpose of access to education? According to me, the answer is against the appellant.

 

 Another member of the bench, Sudhanshu Dhulia, differed. He set aside the judgment of the Karnataka High Court, saying that the entire concept of religious practice required was not necessary for the dispute. He said that the High Court had taken the wrong path. Justice Dhulia has said that it is a matter of choice and Articles 14 and 19. It is a matter of choice, neither more nor less. Justice Dhulia said that the biggest question in his mind was about the education of the girl child.

 

What was the decision of the Karnataka High Court?

Significantly, the Karnataka High Court had refused to lift the ban imposed by the state government on wearing hijab in educational institutions. After this, a bench of Supreme Court Justice Hemant Gupta and Justice Sudhanshu Dhulia, after hearing the arguments of both sides on the issue for 10 days, completed the hearing on September 22 and reserved its decision.

 

Justice Gupta is going to retire on October 16, the matter has been heard under his chairmanship. According to the cause list of the top court, a bench of Justice Hemant Gupta and Justice Sudhanshu Dhulia will pronounce the verdict on the matter today.

 

The lawyers had requested to send the matter to the Constitution Bench.

During the hearing in the Supreme Court, lawyers appearing for the petitioners had insisted that preventing Muslim girls from wearing hijab in classes would put their studies in jeopardy as they could be barred from attending classes. Some lawyers had also requested to refer the matter to a five-member constitution bench. At the same time, lawyers appearing for the state government had said that the Karnataka government's decision to create controversy over the hijab was "religiously neutral".

 

background

The Karnataka government ordered on 5 February 2022 that no one can come to the schools wearing such clothes, which will disturb the system in schools and colleges. Some Muslim girls from the Government Pre-University of Udupi challenged this in the High Court, seeking permission to wear hijab in classes. On March 15, the High Court dismissed the petition. The court had said that the hijab is not a part of the compulsory religious practice in Islam.

 

Also Read: Hijab Case Judgment Today: Supreme Court will decide on Hijab today, 10 days of debate between 21 lawyers