SC delivers split verdict on Hijab row, case likely to go to a larger Bench
The Hindu
The petitions were referred to the Chief Justice of India who would appoint an appropriate and larger Bench to re-hear the case.
A two-judge Bench of the Supreme Court on October 13, 2022, delivered a split verdict on the appeals of students who had challenged the Karnataka High Court decision that wearing hijab is not an essential practice of Islam.
While Justice Hemant Gupta dismissed the appeals, Sudhanshshu Dhulia set aside the high court verdict.
Justice Gupta said the prohibition on hijab in classrooms does not violate free expression and choice of Muslim girl students.
However, Justice Dhulia held that the Karnataka High Court was wrong in deciding whether or not wearing hijab was an essential part of Islam.
Embracing the Supreme Court's judgment in the Bijoe Emmanuel case, which had held that courts only need to test whether a practice is prevalent, was established and a bona fide one, Justice Dhulia said wearing hijab meets all the three criteria.
Justice Dhulia also highlighted the importance of the education of girl children. How nothing should impede in that goal. He pointed out girl children, especially in rural India, are already facing tremendous odds in their path to get an education. The state and the society should not place any more of these roadblocks.
"Are we making their lives any better?" Justice Dhulia asked.