New Delhi: Whether the ban on hijab is right or wrong will now be decided by a larger bench. When the Supreme Court delivered its verdict on Thursday, the two-judge bench had differing views on the matter. After 10 days of hearing, the court had reserved the verdict. Meanwhile, the hijab ban would stay.
The Supreme Court passed a split judgment on a bunch of appeals challenging restriction on Muslim girl students wearing hijab in educational institutes in Karnataka.
Justice Dhulia's verdict: Justice Dhulia said the biggest question in my mind is the education of the girl child. In my view it is a matter of choice of Muslim women, "nothing less than nothing more" I have a different view and I allow these petitions.
Justice Gupta's decision:Justice Hemant Gupta upheld the Karnataka government circular enforcing uniform and banning all religious dresses, including hijab. He dismissed the 26 appeals filed against the judgment of the Karnataka high court which held that hijab was not an essential practice in Islam.
What now?
Justice Hemant Gupta said that the matter is being referred to the CJI, so that he can give appropriate directions. Petitioner's lawyer Ejaz Maqbool said that now the CJI will decide about constituting a bigger bench to hear the matter.
During the hearing in the case, the petitioner had argued that the girl students are citizens of India along with the students. In such a situation, implementing the rule of dress code would be a violation of their constitutional right..
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