Karnataka Hijab Ban Case: SC Delivers Split Verdict, To Be Placed Before CJI

SC Bench Verdict On Hijab Case; Justice Sudhanshu Dhulia Sets Aside Karnataka HC Judgment - Sakshi Post

NEW DELHI: The Supreme Court on Thursday delivered a split verdict on the pleas challenging the Karnataka High Court judgement refusing to lift the ban on hijab in educational institutions of the state. The bench had stated that there was a divergence of opinion while announcing the verdict.

Justice Sudhanshu Dhulia set aside the Karnataka High Court judgment and held that the entire concept of essential religious practice was not essential. While Justice Hemant Gupta dismissed the 26 appeals filed against the judgment of the Karnataka High Court which held that hijab was not an essential practice of Islam and allowed the ban on wearing headscarves in educational institutions in the State.

In view of the split verdict, the bench directed that the appeals be placed before the Chief Justice of India for constituting an appropriate 3- bench or a larger bench.

As of now, Status quo will continue as of now over the Hijab decision.

The Karnataka State government's order on February 5, 2022 order banned wearing clothes that disturb equality, integrity, and public order in schools and colleges. On March 15, the Karnataka high court dismissed the petitions filed by  Muslim students of the Government Pre-University Girls College in Karnataka's Udupi seeking permission to wear the hijab inside classrooms, ruling it is not a part of the essential religious practice in Islamic faith.

The petitioners said that preventing Muslim girls from wearing the hijab to the classroom will put their education in jeopardy as they might stop attending classes.

Several pleas were filed in the apex court challenging the high court verdict by the petitioners 

The bench which had reserved its verdict on September 22 after hearing arguments in the matter for 10 days.  (Inputs from Live Law) 

Also Read: Hijab Row: Supreme Court to Hear Plea Against Karnataka HC Order 

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