Supreme Court today issued a divided decision in the Karnataka Hijab Ban case.
The verdict was delivered today by a bench of justices Hemant Gupta and Sudhanshu Dhulia. While Justice Sudhanshu Dhulia approved the applications, Justice Hemant Gupta rejected them.
One of the attorneys for the petitioner stated that the Chief Justice of India will hear the case and determine whether to convene a fresh bench to hear it or send it to a larger court.
Karnataka High Court’s ruling upholding the state government’s directive to ban the wearing of hijabs in the state’s educational institutions was challenged in appeals, which Justice Hemant Gupta dismissed.
Judge Gupta stated, “There is disagreement among the views. I’ve posed 11 questions in the order I have. The first is whether the Constitution Bench should be consulted on the appeal.”
Karnataka High Court ruling was annulled by Justice Sudhanshu Dhulia, who also accepted the appeals.
Justice Dhulia stated when giving the order, “It’s a matter of choice, nothing more, nothing less.
Supreme Court had previously reserved its decision over a number of petitions against the Karnataka High Court’s decision to uphold the ban on the hijab in educational institutions.
For ten days, the petitioners’ side was represented by 21 attorneys, while the respondents were represented by Solicitor General Tushar Mehta, Additional Solicitor General KM Nataraj, and Karnataka Advocate General Prabhuling Navadgi.
Karnataka High Court’s ruling upholding the Karnataka Government’s directive to educational institutions to prescribe uniforms at educational institutes was being challenged in court by a number of arguments.
Senior Attorney Dushyant Dave spoke to the court and claimed that the Karnataka Government Circular that enforced the clothing restriction made no mention of the Popular Front of India (PFI).
Karnataka High Court ruling upholding the Karnataka government’s order for rigorous enforcement of schools’ and institutions’ uniform regulations has been challenged by a number of petitioners in front of the Supreme Court.
An unwelcome law and order scenario was created as a result of government officials’ allegedly “stepmotherly behaviour,” according to one petition before the Supreme Court.
High Court “had vehemently failed to apply its mind and was unable to understand the gravity of the situation as well as the core aspect of the Essential Religious Practices enshrined under Article 25 of the Constitution of India,” according to the appeal, which was filed in response to the impugned order.
A Karnataka High Court panel made up of Chief Justice Ritu Raj Awasthi, Justice Krishna S. Dixit, and Justice J.M. Khazi previously ruled that the requirement of a uniform is a reasonable restriction to which students cannot object and that numerous petitions opposing the wearing of the hijab in educational settings lack merit.
When the Government PU College in Udupi purportedly forbade six females wearing the hijab from attending, the hijab controversy arose in January of this year. After that, the females protested admittance denial by sitting outside the campus.
Following this, male students of numerous colleges in Udupi began showing up to class wearing saffron scarves. A number of locations in Karnataka had demonstrations and agitations as a result of this demonstration spreading to other regions of the state.
Because of this, the Karnataka government mandated that all students wear the uniform and outlawed the hijab and saffron scarves until a panel of experts made a decision.
The pre-University education board issued a circular on February 5 informing students that they may only wear the uniform that had been approved by the school administration and that other religious clothing would not be permitted in institutions.