2 years ago
New Delhi:
Petitions challenging the Karnataka hijab ban led to a split verdict in the Supreme Court today. Justice Hemant Gupta dismissed the petitions against the hijab ban, while Justice Sudhanshu Dhulia allowed them.
In view of the split verdict, the bench directed that the appeals against the high court verdict be placed before the Chief Justice for constituting an appropriate larger bench.
A bench of Justices Hemant Gupta and Sudhanshu Dhulia had reserved its judgement on the pleas against the Karnataka High Court judgement refusing to lift the ban on hijab on September 22 after hearing arguments for 10 days.
Here are the updates on the Hijab Row:
No Hijab Or Other Dresses In Schools, Only Uniform: BJP
The BJP on Thursday asserted that it will always be opposed to students wearing hijab or any dress other than uniforms in schools, and said religious freedom cannot be used to promote "separatism".
Soon after the Supreme Court gave a split verdict on the ban on hijabs in Karnataka educational institutions, BJP national general secretary C T Ravi, a senior party leader from the state, said it will not be appropriate for him to comment on the judgement.
"Uniform in schools is meant to promote uniformity among students. I believe that separatism is promoted in the garb of issues like promotion of burqa or hijab. This mindset was the reason behind India's partition. This separatism progressively morphs into extremism which can be a source of terrorism," he claimed.
Discipline Can't Be At The Cost Of Freedom: Justice Sudhanshu Dhulia
Amongst many facets of our Constitution, one is Trust. Our Constitution is also a document of trust. It is the trust the minorities have reposed upon the majority.
One of the best sights in India today, is of a girl child leaving for her school in the morning, with her school bag on her back. She is our hope, our future. But it is also a fact, that it is much more difficult for a girl child to get education, as compared to her brothers.
It is necessary to have discipline in schools. But discipline not at the cost of freedom, not at the cost of dignity. Asking a pre-university schoolgirl to take off her hijab at her school gate, is an invasion on her privacy and dignity.
It is clearly violative of the 44 Fundamental Right given to her under Article 19(1)(a) and 21 of the Constitution of India. This right to her dignity27 and her privacy28 she carries in her person, even inside her school gate or when she is in her classroom.
What Justice Hemant Gupta Said On Hijab Ban: 5 Key Quotes
Secularism is applicable to all citizens, therefore, permitting one religious community to wear their religious symbols would be antithesis to secularism. Thus, the Government Order cannot be said to be against the ethic of secularism or to the objective of the Karnataka Education Act, 1983.
The schools run by the State are open for admission irrespective of any religion, race, caste, language or any of them. Even the Act mandates that the students would be admitted without any restriction on such grounds.
However, the students are required to follow the discipline of the school in the matter of uniform. They have no right to be in the school in violation of the mandate of the uniform prescribed under the Statute and the Rules.
The Constitutional goal of fraternity would be defeated if the students are permitted to carry their apparent religious symbols with them to the classroom.
The religious belief cannot be carried to a secular school maintained out of State funds. It is open to the students to carry their faith in a school which permits them to wear Hijab or any other mark, may be tilak, which can be identified to a person holding a particular religious belief but the State is within its jurisdiction to direct that the apparent symbols of religious beliefs cannot be carried to school maintained by the State from the State funds.
On Karnataka Hijab Ban, Split Verdict By Supreme Court: 10 PointsPetitions challenging the Karnataka hijab ban led to a split verdict in the Supreme Court today. Justice Hemant Gupta dismissed the petitions against the hijab ban, while Justice Sudhanshu Dhulia allowed them.
Hijab matter will continue to attract Supreme Court's attention: Congress
The Supreme Court's split verdict in the hijab case means the matter will continue to attract the apex court's attention, the Congress said on Thursday. And the Bharat Jodo Yatra, it added, will keep demanding accountability from Prime Minister Narendra Modi on issues such as economic inequality.
The Supreme Court delivered a split verdict on the ban on hijabs in Karnataka's educational institutions and referred the matter to the chief justice of India for constituting a larger bench.
Hijab Row Timeline
Haryana Minister Anil Vij on Thursday waded into the headscarf issue saying men should strengthen their minds and free women from the hijab.
Vij's tweet came shortly before the Supreme Court delivered a split verdict on a batch of pleas challenging the Karnataka High Court judgement refusing to lift the ban on hijab in educational institutions of the state.
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- ANIL VIJ MINISTER HARYANA (@anilvijminister) October 13, 2022
"Wearing Hijab Matter Of Choice": How 2 Supreme Court Judges Differed
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 the setting up of a larger bench.
Justice Hemant Gupta dismissed the appeals against the High Court verdict refusing to lift the ban on the hijab in educational institutions. Read Here
We had expected a better judgement as women worldwide are demanding to not wear hijab/burqa. Karnataka High Court order remains applicable in interim time; ban on wearing of hijab in educational institutions of the state remains: Karnataka minister BC Nagesh
After a split opinion in the case, the matter to be placed before the Chief Justice to be referred to larger bench.
Justice Sudhanshu Dhulia allowed the appeals and set aside the Karnataka High Court order. "It's a matter of choice, nothing more, nothing less, says Justice Dhulia while pronouncing the order," he said.
Justice Hemant Gupta dismissed appeals challenging Karnataka High Court's order which had upheld the state government's order to ban wearing hijabs in educational institutions of the state
Supreme Court judges Justice Hemant Gupta and Sudhanshu Dhulia give split verdict in Karnataka Hijab ban case
Justices Hemant Gupta And Sudhanshu Dhulia to deliver separate judgments on Karnataka Hijab ban
"Uniform Order, Religion Neutral": What Karnataka Government Had Said
The Karnataka government order that kicked up a row over hijab was "religion neutral", the state government told the Supreme Court on Tuesday, launching a strong defence of the state and blaming the PFI for the controversy it claimed was part of a "larger conspiracy".
Insisting that the agitation in support of wearing hijab in educational institutions was not a "spontaneous act" by a few individuals, it said the state government would have been "guilty of dereliction of constitutional duty" if it had not acted the way it did.
What Karnataka High Court Said On Hijab Ban
The Karnataka high court had ruled that prescription of school uniform does not violate either the right to freedom of speech and expression under Article 19(1) (a) or the right to privacy under Article 21 of the Constitution
On Karnataka Hijab Ban, Supreme Court's Big Order Today
A much-awaited Supreme Court decision on petitions challenging the ban on hijabs - headscarves worn by some Muslim women - in schools and colleges in Karnataka is expected to delivered by two judges on Thursday morning at 10:30 am.
A bench of Justices Hemant Gupta and Sudhanshu Dhulia had reserved its judgement on the pleas against the Karnataka High Court judgement refusing to lift the ban on hijab on September 22 after hearing arguments for 10 days.
The judgement on these pleas has been on the cards this week as Justice Gupta, who is heading the bench, is due to retire on Sunday.
