Supreme Court gives split verdict on Hijab case

On Thursday, the Supreme Court issued a split verdict in the Karnataka hijab ban case: Justice Hemant Gupta upheld the ban, while Justice Sudhanshu Dhulia ruled in favour of lifting the prohibition. The Chief Justice of India will now be consulted on the subject to determine the best course of action.

Justice Hemant Gupta’s verdict

All 26 appeals against the Karnataka High Court’s decision that the hijab was not an essential Islamic practice were rejected by Justice Hemant Gupta, who also upheld the state’s ban on wearing the hijab at educational institutions. Justice Gupta claimed to have posed 11 questions and responded to each one in opposition to the appeals.

Justice Sudhanshu Dhulia’s verdict

The Karnataka High Court decision was overturned by Justice Sudhanshu Dhulia, who claimed that the issue of whether or not the hijab is a fundamental Islamic religious practice is not relevant to this case.

The high court took the wrong path. It is ultimately a matter of choice and Article 14 and Article 19. It is a matter of choice, nothing more, nothing less,” Justice Dhulia said.

“Are we making her life any better? That was a question in my mind…I have quashed the Government Order of February 5 and have ordered the removal of the restrictions…” Justice Dhulia added.

Despite saying that a better decision was anticipated because women all over the world are calling for an end to the hijab, Karnataka’s education minister BC Nagesh hailed the decision. The minister affirmed that the hijab prohibition remains in effect because the top court has not issued a definitive judgement, stating that the high court order will continue to be in effect.