Time Digital News: A bench of India's Supreme Court today gave a split verdict on petitions challenging a ban upheld by the Karnataka state high court on wearing hijab in educational institutions.
While Supreme Court Justice Hemant Gupta dismissed appeals challenging Karnataka High Court's order which had upheld the state government's order to ban wearing hijabs in educational institutions of the state, Justice Sudhanshu Dhulia allowed the appeals and set aside the High Court order.
"It's a matter of choice, nothing more, nothing less," Justice Dhulia said.
Justice Hemant Gupta said the matter is being referred to the Chief Justice of India for appropriate direction.
A group of Muslim girls of Karnataka had challenged in the apex court the March 15 Karnataka High Court verdict dismissing a batch of petitions seeking their right to wear hijab in classrooms.
Justices Hemant Gupta and Sudhanshu Dhulia had reserved their decision in the matter on September 22 after hearing extensive arguments by the petitioners as well as the state.
On March 15, the Karnataka high court had dismissed the petitions filed by a section of Muslim students of the Government Pre-University Girls College in Udupi, Karnataka, seeking permission to wear hijab inside classrooms, ruling it is not a part of the essential religious practice in Islamic faith.
During the arguments in the apex court, a number of lawyers appearing for the petitioners had insisted that preventing Muslim girls from wearing the hijab to the classroom will jeopardise their education as they might stop attending classes.
The high court had held that hijab is not an essential religious practice in Islam and the freedom of religion under Article 25 of the Constitution and is subject to reasonable restrictions and upheld an order issued on February 5 by the Karnataka government which suggested that wearing hijab can be restricted in government colleges where uniforms are prescribed and ruled that such curbs under norms for college uniforms are "constitutionally permissible."
SK
