The Karnataka hijab ban case received a split verdict from the Supreme Court on Thursday as Justice Hemant Gupta upheld the hijab ban while Justice Sudhanshu Dhulia gave his verdict in favour of removing the ban on wearing hijab. The matter will now be placed before the Chief Justice of India for appropriate directions.
What Justice Hemant Gupta’s verdict says
Justice Hemant Gupta dismissed all 26 appeals against the Karnataka high court verdict that hijab was not an essential practice of Islam and allowed the ban on hijab in educational institutions in the state. Justice Gupta said he has framed 11 questions and have answered them all against the appeals.
High court took a wrong path: Justice Sudhanshu Dhulia
Justice Sudhanshu Dhulia set aside the Karnataka high court judgment and said the concept that whether the hijab is an essential religious practice in Islam or not is not essential to this dispute. “The high court took a wrong path. It is ultimately a matter of choice and Article 14 and Article 19. It is a matter of choice, nothing more, nothing less,” Justice Dhulia said.
“Are we making her life any better? That was a question in my mind…I have quashed the Government Order of February 5 and have ordered the removal of the restrictions…” Justice Dhulia said.
What the Karnataka government said on the split verdict
Minister BC Nagesh welcomed the verdict but said a better judgment was expected as women worldwide are demanding to not wear hijab. The high court order will remain applicable, the minister said confirming that the ban on hijab stays as the top court has not given any conclusive order
Karnataka hijab ban case so far
In February, Karnataka banned students from wearing hijab in classrooms. The high court upheld the ban against which appeals were made in the Supreme Court which has been hearing the argument.
During the hearing, the Karnataka government told the Supreme Court that Popular Front of India — now banned in India — hatched the conspiracy and the Muslim students who protested the ban started acting on PFI’s instruction.
