SC delivers break up verdict on Karnataka Hijab ban
3 min read
By Express News Service
NEW DELHI: The Supreme Court at present delivered a spilt verdict within the pleas difficult Karnataka HC’s ruling of upholding the ban on hijab in academic establishments.
Justice Hemant Gupta dismissed the appeals difficult the HC’s order whereas Justice Sudhanshu Dhulia allowed the appeals.
Justice Dhulia whereas permitting the appeals and quashing the GO dated February 5 mentioned, “Wearing of hijab is ultimately a matter of her choice. The ratio laid down by SC in Bijoy Emanuel covers the issue. What weighed in my mind was the education of a girl child. A girl child has a lot of difficulties to face. There are other difficulties as well and whether we’re making her life any better by putting restrictions on education.”
Due to the divergence in opinion, the two-judge bench requested the pleas to be positioned earlier than the CJI for constituting an applicable bench.
A bench of Justices Hemant Gupta and Sudhanshu Dhulia after an in depth listening to of ten days had reserved a verdict in September 2022.
The listening to had witnessed a battery of senior legal professionals equivalent to Kapil Sibal, Dushyant Dave, Salman Khurshid, Rajeev Dhawan, Sanjay Hegde, Devdutt Kamat arguing towards the hijab ban. For the State, submissions have been made by Solicitor General Tushar Mehta, Karnataka AG Prabhuling Navadgi and ASG KM Nataraj.
On March 15, 2022, the Karnataka HC held that sporting of the hijab was not part of important non secular follow which may very well be protected below article 25 (Right to freedom of conscience and free occupation, follow and propagation of faith) of the Constitution. The bench additional held that the prescription of a uniform gown code in academic establishments was not violative of the basic rights of the petitioners.
The HC’s verdict got here on the petitions filed by a bit of Muslim college students from the Government Pre-University Girls College in Udupi. The college students had challenged the state’s February 5 determination that didn’t permit college students to put on the hijab, or customary Islamic headband, to academic establishments.
NEW DELHI: The Supreme Court at present delivered a spilt verdict within the pleas difficult Karnataka HC’s ruling of upholding the ban on hijab in academic establishments.
Justice Hemant Gupta dismissed the appeals difficult the HC’s order whereas Justice Sudhanshu Dhulia allowed the appeals.
Justice Dhulia whereas permitting the appeals and quashing the GO dated February 5 mentioned, “Wearing of hijab is ultimately a matter of her choice. The ratio laid down by SC in Bijoy Emanuel covers the issue. What weighed in my mind was the education of a girl child. A girl child has a lot of difficulties to face. There are other difficulties as well and whether we’re making her life any better by putting restrictions on education.”
Due to the divergence in opinion, the two-judge bench requested the pleas to be positioned earlier than the CJI for constituting an applicable bench.
A bench of Justices Hemant Gupta and Sudhanshu Dhulia after an in depth listening to of ten days had reserved a verdict in September 2022.
The listening to had witnessed a battery of senior legal professionals equivalent to Kapil Sibal, Dushyant Dave, Salman Khurshid, Rajeev Dhawan, Sanjay Hegde, Devdutt Kamat arguing towards the hijab ban. For the State, submissions have been made by Solicitor General Tushar Mehta, Karnataka AG Prabhuling Navadgi and ASG KM Nataraj.
On March 15, 2022, the Karnataka HC held that sporting of the hijab was not part of important non secular follow which may very well be protected below article 25 (Right to freedom of conscience and free occupation, follow and propagation of faith) of the Constitution. The bench additional held that the prescription of a uniform gown code in academic establishments was not violative of the basic rights of the petitioners.
The HC’s verdict got here on the petitions filed by a bit of Muslim college students from the Government Pre-University Girls College in Udupi. The college students had challenged the state’s February 5 determination that didn’t permit college students to put on the hijab, or customary Islamic headband, to academic establishments.
