2 SC Judges Differed Over Wearing Hijab
New Delhi: Following a split verdict on hijab ban, the Supreme Court today directed that appeals against a Karnataka High Court order be placed before the Chief Justice of India for setting up of a larger bench. Justice Hemant Gupta dismissed the petitions against hijab ban, which Justice Sudhanshu Dhulia had allowed.
“It’s ultimately a matter of choice and nothing else. One thing which was topmost for me was education of the girl child”, said Justice Dhulia. Contrarily, Justice Hemant Gupta dismissed the appeals against the High Court verdict refusing to lift the ban on the hijab in educational institutions.
Lawyers appearing for the petitioners had insisted that preventing Muslim girls from wearing hijab to the classroom will jeopardise their education as they might stop attending classes. They had various aspects including February 2022 order which banned wearing clothes that disturb equality, integrity, and public order in schools and colleges. Comparing hijabs to bindis and ghoongat worn by Hindus and turbans worn by Sikhs, lawyers argued the Karnataka government’s order.
The state government’s order was challenged by some Muslim girls in the high court and several pleas have been filed in the top court challenging the high court verdict. However, on March 15, the high court dismissed the petitions filed by a section of Muslim girls seeking permission to wear hijab to their classrooms.