New Delhi: Split verdict in the case of banning the hijab in educational institutions in Karnataka. The Supreme Court left the case to a larger bench. A petition challenging the High Court verdict upholding the ban was left to a wide bench.
This is in a situation where the bench that heard the case gave a different verdict both against and in favor. While Justice Hemant Gupta upheld the Karnataka High Court verdict, Justice Sudhanshu Dhulia overruled the verdict. The two-judge bench delivered a split verdict in the case and sent it to a larger bench.
A bench comprising Justices Hemant Gupta and Sudhamshu Dhulia heard the case for ten days. Justice Hemant Gupta said in the judgment that the appeal was rejected. Justice Dhulia, in a specially prepared order, announced that the government order is canceled.
The High Court upheld the government order, judging that hijab is not an essential religious ritual in Islam. The High Court pointed out that the government has the authority to impose uniforms in educational institutions and it cannot be seen as a violation of the fundamental rights of students.
The petitioners argued that the government order violated Articles 19 and 21 of the Constitution. The government has the power to intervene only when religious practices become a law and order problem. The petitioners argued that it is the government’s responsibility to create conditions for the exercise of fundamental rights. The petitioners said that the government’s answer is discrimination based on religion and gender.
The Karnataka government argued that the order did not target any religion and was secular. Girls did not wear hijab to college until 2021. During the argument, the government also informed that children started wearing hijab en masse due to the campaign conducted by Popular Front on social media.
