SC Delivers Split Verdict In Karnataka Hijab Ban Case, Matter To Be Placed Before CJI

The Supreme Court bench delivered a split verdict in the Karnataka Hijab ban case and the matter will be placed before a higher bench. The appeals challenged the Karnataka government order which empowered the state government colleges to ban students from wearing a hijab on campus.

Justice Hemant Gupta headed the bench and upheld the Karnataka government’s decision and dismissed the 26 appeals filed against the Karnataka high court judgement which allowed the ban of hijabs in government colleges. However, Justice Sudhanshu Dhulia struck it down.

Supreme Court Hijab Verdict

Justice Gupta said, “I have held against the appellant. I dismiss the appeal.”

Meanwhile, Justice Dhulia held that the case was a question of choice and added that his topmost concern was the education of the girl students. Dhulia set aside the Karnataka high court’s order and quashed the government.

The bench directed the matter to be placed before the Chief Justice of India (CJI) due to the split verdict. Currently, Uday Umesh Lalit is serving as the CJI. Lalit recommended Justice Dhananjaya Yesdhwant Chandrachud as his successor to the position.

On March 15, 2022, the Karnataka High Court upheld a state government order that allowed government colleges in the state to ban the wearing of hijabs on college campuses. The petitioners, Muslim girl students from various colleges approached the high court after they were denied permission to attend classes on account of wearing hijab.

The Karnataka court held that Hijab was not a part of the essential religious practices of Islam, the requirement of uniform is a reasonable restriction on the fundamental right to freedom of expression, and that the government had the power to pass the order.

Students challenged the high court’s verdict and moved the supreme court and submitted that the court had failed to note that the Karnataka Education Act does not provide for any mandatory uniform to be worn by students. The students also submitted that the right to wear a hijab falls under the right to privacy.

More than 20 lawyers, including senior advocates Rajiv Dhavan, Kapil Sibal, Devdatt Kamat, and Sanjay Hegde submitted arguments on the petitioners’ behalf.

Suggested Reading: Right To Dress Will Include Right To Undress?: Supreme Court On Karnataka Hijab Ban