Karnataka Hijab Row: SC passes split verdict; Case moves to CJI

Dismissing the 26 appeals filed against Karnataka HC's order on the Hijab ban, Justice Hemant Gupta upheld the Karnataka government circular enforcing uniform and banning all religious dresses, including hijab.

Karnataka Hijab Row: A split judgment has been passed by the Supreme Court on a bunch of appeals challenging restrictions on Muslim girl students wearing hijab in educational institutes in Karnataka. In the Apex Court, Justice Hemant Gupta dismissed the 26 appeals filed against the judgment of the Karnataka high court which held that hijab was not an essential practice in Islam. The Judge upheld the Karnataka government circular enforcing uniform and banning all religious dresses, including hijab.

Stating that "nothing less than nothing more" but a matter of choice of Muslim women, Justice Sudhanshu Dhulia gave a diverging opinion and allowed the appeals. "The main thrust of my judgment is that this entire concept of essential religious practices, in my opinion, was not essential for disposal of the dispute," he said. Stressing that his focus was on the education of the girl child, especially in rural areas, Justice Dhulia observed, "Are we making her life any better." While allowing the appeals against the high court verdict, Justice Dhulia said he has quashed the state government's February 5, 2022 order banning clothes that disturb equality, integrity, and public order in schools and colleges.

Present the matter before CJI

The bench ordered that the matter be placed before the CJI for assigning the controversy, arising from the Karnataka government's February 5 circular, to a three-judge bench.

Hijab ban by Karnataka HC: Now What?

As the SC Bench has not given any stay on the Karnataka high court's order upholding ban on hijab in educational institutions, the ban will continue.

However, now, the Chief Justice, who is the master of the roster, would constitute a new bench with at least 3 SC judges to commence a fresh hearing on the matter. The competing parties may rely on the opinions of Justice Gupta and Justice Dhulia to support their arguments.

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