Karnataka banned the hijab in school settings in February. The ban was sustained by the high court despite appeals being filed against it to the Supreme Court, which is currently debating the issue.
Digital Desk: The Supreme Court issued a split verdict in the Karnataka hijab ban case on Thursday. Justice Hemant Gupta upheld the ban, while Justice Sudhanshu Dhulia ruled in favour of lifting the prohibition. The matter will now be placed before the Chief Justice of India for appropriate directions.
What the judgement of Justice Hemant Gupta says
All 26 appeals against the Karnataka High Court's decision that the hijab was not an essential Islamic practise were rejected by Justice Hemant Gupta, who also upheld the state's ban on wearing the hijab in educational institutions. Justice Gupta claimed to have posed 11 questions and responded to each one in opposition to the appeals.
Justice Sudhanshu Dhulia said high court took a wrong path,
The issue of whether or not the hijab is a fundamental religious practise in Islam is not essential to this argument, Justice Sudhanshu Dhulia remarked in setting aside the Karnataka High Court's decision. "The high court made a mistake. In the end, it is a matter of personal choice as well as Articles 14 and 19. It is entirely up to you what you decide to do "explained Justice Dhulia.
"Are we improving her life in any way? I had that thought in my head. I've ordered the limits to be lifted and reversed the government order of February 5..." said Justice Dhulia.
What the Karnataka government said about the divided decision
Despite praising the decision, Minister BC Nagesh stated that a better decision was expected because women all over the world are calling for an end to the hijab. The minister confirmed that the hijab ban remains in effect because the top court has not issued a final judgement, stating that the high court order will continue to be in effect.
Hijab ban case in Karnataka so far
Karnataka banned the hijab in school settings in February. The ban was sustained by the high court despite appeals being filed against it to the Supreme Court, which is currently debating the issue.
The Popular Front of India, which is currently banned in India, planned the conspiracy, according to the Karnataka government, which also claimed that Muslim students who were protesting the ban began acting on PFI's instructions.
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