On October 13, the two-judge bench of Justices Hemant Gupta and Sudhanshu Dhulia of the Supreme Court of India delivered a split verdict on the Karnataka hijab case. While Justice Gupta upheld the ban on Hijab in education institutes and dismissed the appeals challenging the Karnataka High Court order, Justice Dhulia allowed it.
As a result of the split ruling, the case will now be sent to the Chief Justice of India for suitable directions.
Bench pronounces the operative portion : In light of the divergence of opinion, the matter has to be placed before the Chief Justice of India for appropriate directions.#SupremeCourtOfIndia #Hijab
— Live Law (@LiveLawIndia) October 13, 2022
According to media reports, Justice Hemant Gupta upheld the ban by dismissing the 26 appeals filed against the judgment of the Karnataka High Court which held that hijab was not an essential practice of Islam and allowed the ban on wearing headscarves in educational institutions in the State.
Meanwhile, the second judge of the bench, Justice Sudhanshu Dhulia, expressed “divergence in opinion.” He set aside the Karnataka High Court judgment and held that the entire concept of essential religious practice was not essential to the dispute.
Owing to this difference of opinion, the Supreme Court bench has placed the matter before the Chief Justice of India for “appropriate directions.”
On September 22, the Supreme Court of India reserved the orders on various petitions challenging the verdict of the Karnataka High Court upholding the ban on Hijab in education institutes.
In its statement, the Karnataka Government argued in the apex court that the imposition of uniforms in schools and colleges might prevent the students from wearing religious attire, including Hijab, in educational institutions but does not suffocate one’s right to freedom of religion or expression.
Advocate General Prabhuling K Navadgi appearing for the state, argued that the Hijab is not an essential practice in Islam and that students who intend to wear Hijab can practice religion outside the schools. “Strict adherence to uniforms in schools promotes an irreligious disciplined atmosphere conducive for education and equality and unity”, he said.
The argument from the Karnataka government came after the Islamist side in the Court stated that the Hijab fell under religious rights guaranteed under Article 25 and, as a choice of the dress, also formed a part of the right to freedom of expression under Article 19.
