Hours after the Supreme Court delivered a split verdict on the Karnataka hijab case, state Minister for Power, Kannada and Culture V. Sunil Kumar said that the question of reversal of the ban order does not arise. “There is no question of reversing the state government’s order issued on February 5, banning the hijab and other religious symbols in educational institutions of the state. The uniform rule will continue in schools and pre-university colleges”, the Minister said. It is notable that while the two-judge bench has referred the matter to the CJI because of the split verdict, the existing High Court judgement upholding the ban on hijab in schools will continue.
The minister also said that the government had already issued a notification in this regard and that there was no question of backtracking on the ban. “The Supreme Court has given a split verdict over the matter and we will not take back our decision”, he reiterated. The Minister further stated that no student can wear a hijab while attending classes. “Congress and the banned Popular Front of India (PFI) must understand that they cannot go against society”, he added.
Soon after the #SupremeCourt delivered a split verdict on the Karnataka #hijab matter, state Minister for Power, Kannada and Culture V. Sunil Kumar said the question of reversal of ban order does not arise.
— IANS (@ians_india) October 13, 2022
Photo: @karkalasunil (File) pic.twitter.com/XoPfau5iX2
He also highlighted that there are communal forces who want hijab to be allowed in educational institutes. “When the court directs not to wear hijab, they approach the Supreme Court. With this, it is understood that there are communal forces and conspiracy behind this”, he noted. He went on to say that in Muslim countries such as Iran and Iraq, there is strong opposition to hijab and that women there are refusing to put it on. However, protests are being conducted here to demand the right to wear a hijab at schools and institutions.
“The PFI mindset should change at least now. The organization is already banned. Congress also supported it”, he stated. The minister also suggested the Congress party to add the phrase ‘hijab chodo’ to the ongoing Bharat Jodo Yatra. “If they do it, it will create a good atmosphere. Uniform rule has been implemented to ensure equality by making all students look the same”, he was quoted.
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.
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, 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’.
