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Updated October 13th, 2022 at 12:09 IST

Karnataka Hijab ban to remain in force post split verdict by SC; here's what happens next

The Supreme Court delivered a split verdict on the pleas challenging the ban on wearing Hijab in educational institutions of Karnataka. Here's what happens next

Reported by: Digital Desk
Hijab
Image: PTI | Image:self
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One of the key implications of the Supreme Court's split verdict on Thursday is that the ban on wearing Hijab in educational institutions of Karnataka will remain in force. In the operative part of the judgment, Justices Hemant Gupta and Sudhanshu Dhulia observed, "In light of the divergence of opinion, the matter has to be placed before the Chief Justice of India for appropriate directions". Thus, either a bench led by CJI UU Lalit might hear the matter or he can assign it to a different two-judge bench. He also has the option of referring the matter to a larger bench of 3 judges of a 5-bench Constitution bench. 

The SC verdict

The two-judge SC bench was hearing a bunch of pleas challenging the Karnataka High Court's judgment upholding the ban on students wearing Hijab in Karnataka's educational institutions. It had reserved its judgment on September 22 after hearing arguments in the matter for 10 days. Justice Gupta, who will retire on October 16, framed 11 questions in his judgment and ruled in favour of dismissing the appeals against the Karnataka HC verdict. On the other hand, Justice Dhulia held that wearing Hijab is a matter of choice. 

Setting aside the HC verdict, Justice Dhulia observed, "The main thrust of my judgment is the entire concept of essential religious practice was not essential to the dispute. The High Court took a wrong path. It is ultimately a matter of choice and Article 14 and 19.". He asserted that it is a matter of choice." 

Commenting on the verdict, Karnataka Education Minister BC Nagesh conceded that he expected a better judgment. He opined, "We welcome whatever judgment we have received today from the Supreme Court. But we had expected a better judgment because as you know worldwide women are demanding not to wear Hijab and Burkha. But there is a split judgment in the Supreme Court today. So whatever the Karnataka High Court had given the order, it is valid as on today. So we are going to follow the rules which have been framed according to the Karnataka Education Act". 

He added, "The ban of Hijab will continue. As you know the Karnataka Education Act and rules do not permit any religious items inside the class. So, we are very clear that no student can wear Hijab inside the class". A few months ago, parts of the state had witnessed huge protests over the Hijab ban. 

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Published October 13th, 2022 at 12:09 IST

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