Supreme Court
– Photo : ANI
The Supreme Court will today pronounce its verdict on various petitions challenging the Karnataka High Court order upholding the ban on hijab in educational institutions. Significantly, the Karnataka High Court had refused to lift the ban imposed by the state government on wearing hijab in educational institutions.
A bench of Supreme Court Justice Hemant Gupta and Justice Sudhanshu Dhulia, after hearing the arguments of both the sides on the issue for 10 days, concluded the hearing on September 22 and reserved its verdict. Justice Gupta is going to retire on October 16, the matter has been heard under his chairmanship. According to the cause list of the top court, a bench of Justice Hemant Gupta and Justice Sudhanshu Dhulia will pronounce the verdict in the matter today.
The lawyers had requested to send the matter to the Constitution Bench.
During the hearing in the Supreme Court, lawyers appearing for the petitioners had insisted that preventing Muslim girls from wearing hijab in classes would put their studies in jeopardy as they could be barred from attending classes. Some lawyers had also requested to refer the matter to a five-member constitution bench. At the same time, lawyers appearing for the state government had said that the Karnataka government’s decision to create controversy over the hijab was “religiously neutral”.
The arguments of both sides in the hijab dispute were
petitioner
- Muslim girls’ education is being put at risk by banning them from wearing the hijab in class. They will stop coming to school.
- It is wrong for the government to order a ban on the hijab.
- The matter should be referred to a Constitutional Bench of 5 judges.
Government of Karnataka
- The order of the government on which this dispute is being raised is secular.
- This controversy created by some people in educational institutions is not natural.
- The government would have been guilty of deviating from the path of its constitutional duty if it had not issued the relevant order.
background
The Karnataka government ordered on 5 February 2022 that no one can come to the schools wearing such clothes, which will disturb the system in schools and colleges. Some Muslim girls from the Government Pre-University of Udupi challenged this in the High Court, seeking permission to wear hijab in classes. On March 15, the High Court dismissed the petition. The court had said that the hijab is not a part of the compulsory religious practice in Islam.