The two-judge bench of the Supreme Court delivered its
judgement in hijab ban case. While, Justice Hemant Gupta's verdict upheld
the hijab ban verdict of Karnataka High Court, Justice Dhulia noted that hijab
is a matter of choice. Since the verdict is slpit, the Chief Justice will
assign the case to a larger bench in due course of time.
Justice Gupta said, "Whether college management can take a call on uniform
of students and if wearing of hijab and restricting it is violative of Article
25. Whether rights under Article 19 and Article 25 are mutually exclusive.
Whether govt order infringes upon the fundamental right. Can a student exert
her fundamental right, is wearing right a part of essential religious practice
under Islam, whether government order serves the purpose of access of
education? the answer according to me is against the appellant. I dismiss the
appeal."
While setting aside the Karnataka High Court order, Justice Dhulia
said, "Venturing into ERP was not needed and the court took wrong way. It
was just a question of choice. I have held the ratio in Bijoy Emmanuel squarely
covers the case. One thing which was topmost for me was the education of girl
child. A girl child in areas does household work and chores before going to
school and are we making her life any better by doing this. I have respectfully
differed. this was a case only dealing with Article 19, and 25."
Earlier, the SC bench had reserved its verdict on the
pleas on September 22 after hearing arguments in the matter for 10 days.
On March 15, the high court had 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, ruling it is not a part of the essential religious
practice in Islamic faith.
During the arguments in the apex court, a number of
counsel appearing for the petitioners had insisted that preventing Muslim girls
from wearing the hijab to the classroom will put their education in jeopardy as
they might stop attending classes.
Counsel for the petitioners had argued on various
aspects, including on the state government's February 5, 2022 order which
banned wearing clothes that disturb equality, integrity, and public order in
schools and colleges.
Some advocates had also argued that the matter be
referred to a five-judge constitution bench.
On the other hand, the counsel appearing for the state
had argued that the Karnataka government order that kicked up a row over hijab
was "religion neutral".
Insisting that the agitation in support of wearing
hijab in educational institutions was not a "spontaneous act" by a
few individuals, the state's counsel had argued in the apex court that the
government would have been "guilty of dereliction of constitutional
duty" if it had not acted the way it did.
The state government's order of February 5, 2022 was
challenged by some Muslim girls in the high court.
Several pleas have been filed in the apex court
challenging the high court verdict.