All about SC’s split verdict on hijab

New Delhi: The Supreme Court on Thursday gave a split judgment in a plea challenging the Karnataka high court order prohibiting the wearing of hijab inside classrooms in pre-university colleges. The 1:1 judgment was delivered by a bench comprising Justice Hemant Gupta and Justice Sudhanshu Dhulia. While Justice Gupta upheld the Karnataka government circular and dismissed the appeals, Justice Dhulia allowed all the appeals and set aside the Karnataka High Court judgment. Given the “divergence of opinion”, the top court directed placing the appeals before the Chief Justice of India for the constitution of a larger bench.

‘Divergence of opinion’

Justice Sudhanshu Dhulia: “It’s ultimately a matter of choice and nothing else. One thing which was topmost for me was the education of the girl child.” He underlined that the main thrust of his judgment is that this entire concept of essential religious practices, in his opinion, was not essential to the disposal of the dispute. “The Karnataka High Court probably took a wrong path there. It is ultimately a matter of choice. Nothing more, nothing less,” he said. He further said that the thing which was uppermost in mind was the education of girl children. “It is a common knowledge that a girl child primarily in rural and semi-rural areas has a lot of difficulties, they have to do daily chores before she goes to school. There are other difficulties as well. Are we making her life any better? That was also a question in my mind,” he said.

Justice Hemant Gupta: “There is divergence of opinion,” said Justice Gupta, who framed and answered 11 questions in his judgment for dismissing the plea. He said he agrees with the Karnataka High Court’s order. Some of the questions and answers that Justice Gupta cited before dismissing the pleas, according to the legal news website Bar and Bench, include whether the government order has infringed upon the fundamental right of students and whether wearing the hijab is an essential religious practice under Islam. “The answer, according to me, is against the appellant. I dismiss the appeal,” Justice Gupta said.

Hijab ban to continue in Karnataka educational institutions till SC verdict

Since the SC delivered a split verdict and referred the matter to a larger bench, the Karnataka government decision to ban hijab in state’s education institutions will continue. Karnataka Primary and Secondary Education Minister B C Nagesh said the Karnataka High Court order upholding the state government’s ban on hijab on school and college campuses will remain valid. He added the Karnataka government will wait for the verdict by a higher bench. News agency PIT quoted him as saying, “The Karnataka High Court order will remain valid. Hence, in all our schools and colleges Karnataka education act and rule, there will be no scope for any religious symbols. So our schools and colleges will run as per the Karnataka High Court order. Children will have to come to the schools accordingly.”

Muslims react

All India Muslim Personal Law Board member Yasmin Farooqui said that the two judges had different views. This shows that two people may have different opinions. AIMIM chief Asaduddin Owaisi has targeted the BJP for making it “an unnecessary issue”. He hit out at the Karnataka high court and the state government, underscoring that the HC misused Quranic commentaries. “It is a matter of the fundamental right of an individual,” he said. “If you allow a Sikh boy in uniform to wear a turban and a Hindu girl to wear vermilion and mangalsutra, but Muslim girls are not allowed to wear a hijab, it is discrimination,” he said. Owaisi argued that if children do not see each other’s religious traditions then how they will understand diversity.

Context

The issue started after the Government PU College in Udupi barred girl students wearing the hijab from entering classrooms. The protest demonstrations against the move spread to other parts of the state, and then captured the nation’s attention. On January 1 this year, six girl students of a college in Udupi attended a press conference held by the Campus Front of India (CFI) in the coastal town protesting against the college authorities. The BJP-ruled Karnataka government banned students from wearing hijab on campus on February 5. It was challenged by Muslim girl students in the Karnataka High Court. On March 15, the HC dismissed petitions filed by some Muslim students.

—–INDIA NEWS STREAM