In the case of the Karnataka hijab ban, the Supreme Court delivered a split verdict on Thursday. Because of the “divergence of opinion”, the apex court sent the matter to the Chief Justice of India.
Appeals challenging Karnataka High Court orders were dismissed by Justice Hemant Gupta but allowed by Justice Sudhanshu Dhulia.
While pronouncing the verdict, both judges said:
🔴 There’s a difference of opinion, says Justice Hemant Gupta. I’ve framed 11 questions in my order. Let’s start with whether the appeal should be referred to the Constitution bench. What can college management do about uniforms, and if wearing hijab and restricting it violate Article 25? The right under Article 19 and the right under Article 25 are mutually exclusive. Infringement of fundamental rights by government orders. As to whether the student has the right to exercise their fundamental right, whether wearing the right is an essential part of Islam’s religious practice, and whether the government order facilitates access to education, the answer appears to be against the appellant.”
🔴 The order of the Karnataka High Court has been set aside, and Justice Sudhanshu Dhulia has quashed the government order. There was no need to venture into essential religious practices, and the court erred in taking an incorrect approach. There was only one choice to be made. Education of girls was one of the most important things to me.”
🔴 According to Justice Hemant Gupta: “Given the divergent opinions, it is appropriate to refer the matter to the Chief Justice of India for appropriate direction.”