Hijab Ban : Both SC judges decisions remained different

The decisions of both the Supreme Court judges regarding the hijab remained different from each other. While Justice Hemant Gupta upheld the Karnataka High Court’s decision to ban the hijab, another judge Sudhanshu Dhulia quashed the Karnataka High Court’s decision. Now in such a situation, the decision on the hijab will be taken by the Chief Justice of the Supreme Court.

It is to be known that in the much awaited hijab controversy, there is an atmosphere of confusion between the two sides related to hijab due to different views of the bench of both Justices Hemant Gupta and Sudhanshu Dhulia.

On one hand, Justice Hemant Gupta, while giving his decision, also said that our opinion is different. He upheld the decision of the Karnataka High Court.

It is noteworthy that the Karnataka High Court had on March 15 dismissed petitions allowing Muslim girl students of the Government Pre-University Girls College in Udupi in the state to wear hijab inside a class. The High Court had said that wearing the hijab is not a part of the essential religious practice in Islam. And the religious environment in educational institutions is inappropriate.

According to the decision that has come from the Supreme Court at present, now the big bench will decide on it. Whether there will be a bench of 3 judges or a bench of 5 judges, it will be decided by the Chief Justice of the Supreme Court. At the same time, according to the decision that has come, the decision of the Karnataka High Court will remain in force.

The Karnataka High Court had held that the hijab is not a part of the obligatory religious practice in Islam. This decision of the High Court was challenged in the Supreme Court. Many arguments were given in favor and against it. There was a continuous hearing on this. Senior advocates Kapil Sibal, Salman Khurshid, Devdutt Kamat, Rajeev Dhavan and many other lawyers were presented on behalf of the petitioners.

The argument given in favor of hijab said that after 75 years of independence, why the state government banned the hijab. What was the need of it? Nothing has been brought on record to show that the circular was based on any just cause or any justification.

At the same time, Solicitor General Tushar Mehta, on behalf of Karnataka government, said in his argument that PFI has instigated Muslim girl students of school-college to wear hijab.

And the number of Muslim girls coming to schools wearing hijab started increasing. Against the attempt to give religious color to educational institutions, the Karnataka government issued orders for hijab ban.