Karnataka hijab ban: SC considers setting up 3-judge bench

• I will examine it. This is a three judge bench matter. We will allot a date: CJI Justice Chandrachud
• With the SC delivering a split verdict in October 2022, the high court’s judgement still holds the field
• Muslims, civil rights group are opposed to legal intervention on personal choice of dress, food

After the split judgment in the Karnataka hijab case, the Supreme Court on Monday said it will consider setting up a three-judge bench for the resolution of the case.

The two-judge bench on October 13 last year delivered opposing verdicts and urged the CJI to constitute an appropriate bench. The petitions challenged the Bharatiya Janata Party (BJP)-run Karnataka’s ban on girls and women wearing hijab —an Islamic head covering— in classrooms.

A bench comprising Chief Justice of India DY Chandarchud and Justices V Ramasubramanian and JB Pardiwala took note of the submissions of Senior Advocate Meenakshi Arora that an interim order was needed keeping in mind the practical examinations scheduled for some classes from February 6 in Karnataka, according to the Outlook.

Arora said, “This is the headscarf matter. The girls have practical examinations from February 6, 2023 and this matter needs to be listed for interim directions so that they can appear. The practical examinations will be held in government schools.”

Chandrachud said, “I will examine it. This is a three judge bench matter. We will allot a date.”

In the split verdict, Justice Hemant Gupta, since retired, had dismissed the appeals challenging the March 15 judgment of the Karnataka High Court which had refused to lift the ban. However, the other judge, Justice Sudhanshu Dhulia held there will be no restriction on the wearing of hijab anywhere in the schools and colleges of the state.

Permitting a community to wear its religious symbols to schools will be an “antithesis to secularism”, Gupta had said, while Dhulia insisted that wearing the Muslim headscarf should simply be a “matter of choice”, according to Outlook.

Justice Dhulia was praised by civil rights groups and the Muslim community who have long been arguing that there cannot be any legal interference in an individual’s choice of dress and food.

On March 15, the high court dismissed the petitions filed by a section of Muslim students of the Government Pre-University Girls College in Karnataka’s Udupi seeking permission to wear the hijab inside classrooms.

The issue has snowballed into major controversy between the government and the opposition parties.

-INDIA NEWS STREAM