Hijab Ban Case | SC delivers split verdict as case headed for CJI now

The Supreme Court of India. (File image)

A two-judge bench of the Supreme Court is split on petitions challenging Karnataka High Court ruling refusing to lift state ban on hijab in educational institutions. The case is now headed to the Chief Justice of India.

Hemant Gupta ruled in favour of dismissing the appeals and noted that he found 11 questions of law to be answered. Gupta proceeded to answer the questions against the petitioners in this case. He opined that wearing hijab does not form essential religious practice for Islam.

Sudhanshu Dhulia allowed all the appeals and set aside the decision of the high court. The judge ruled in favour of quashing the government order which imposed the ban on hijab in the first place. Dhulia proceeded to note that wearing a headscarf is a matter of choice and "nothing more and nothing less". This question, he said, is squarely covered by the Supreme Court in its precedent laid down in the National Anthem case (Bijoe Emmanuel case).

Dhulia also stressed the hardships faced by girl child in acquiring education in most parts of the country to date.

The two judge bench had heard a batch of petitions challenging the decision of the Karnataka High Court for about 10 days before reserving the judgment. The high court had refused to quash the government order that banned wearing of hijab in some educational institutions.

Petitioners in the case had argued that the ban will impact the education of girl students as it would force them to choose between their right to education and conscience.

The government, on the other hand, argued that hijab was not essential to Islamic practice.

Some parties argued that the question pertaining to hijab as an essential religious practice needs to be referred to a larger bench for consideration.