The Supreme Court on Thursday (13 October) delivered a split verdict on the petitions challenging the Karnataka High Court order that upheld the ban on hijab (headscarves worn by Muslim women) in educational institutions in the state.
The two-judge bench, comprising Justice Hemant Gupta and Justice Sudhanshshu Dhulia, also directed that the matter be placed before the Chief Justice of India (CJI) for appropriate directions.
This means that the CJI, who is the ‘master of the roster’ in the apex court, can now constitute a bench with three or more judges.
What did the Supreme Court say in its verdict? What does the split verdict mean? How did the controversy on wearing hijab in schools and colleges begin in Karnataka? Let’s explain.
Split verdict
While Justice Hemant Gupta dismissed the appeals against the 15 March Karnataka High Court verdict, Justice Sudhanshu Dhulia allowed them.
“There is a divergence of opinion,” Justice Gupta, who headed the bench, said, backing the High Court judgment which allowed the ban on hijab in schools and colleges in Karnataka.
Justice Dhulia said for him the utmost question in mind was the education of the girl child.
Currently, wearing hijab is not allowed in Karnataka’s schools and colleges. AFP File Photo
“It is a matter of choice, nothing more and nothing less,” he emphasised.
“The main thrust of my judgement is the entire concept of essential religious practice was not essential to the dispute. The High Court took the wrong path. It is ultimately a matter of choice and Article 14 and 19,” Justice Dhulia said, as per PTI.
Dismissing the appeals, Justice Gupta upheld the HC order that wearing hijab is ‘not part of essential religious practice’ under Islam.
“In my order, I have framed 11 questions. First is, whether appeal should be referred to constitution bench. Whether college management can take a call on uniform of students and if wearing of Hijab and restricting it is violative of Article 25. Whether right under Article 19 and Article 25 is mutually exclusive. Whether government order infringes upon the fundamental right. Can a student exert her fundamental right, is wearing right a part of essential religious practice under Islam, whether government order serves the purpose of access of education: the answer according to me is against the appellant,” Justice Gupta said, as per Bar and Bench.
Hijab ban to continue for now
Reacting to the verdict, Karnataka Minister of School Education, Literacy and Sakala BC Nagesh said the status quo will be maintained and the hijab ban will continue in educational institutions.
“We welcome the Supreme Court verdict. We had expected a better judgement as women worldwide are demanding to not wear hijab/burqa. Karnataka HC order remains applicable in interim time; the ban on wearing of hijab in educational institutions of the state remains,” Nagesh was quoted as saying by ANI.
The advocate who represented the Hindu side said the Karnataka High Court verdict will be followed.
“In view of a split verdict by the Supreme Court, the order of the Karnataka High Court will remain applicable in the interim time,” Advocate Barun Sinha told ANI.
Karnataka High Court order
Ruling that hijab was not an essential part of Islam, the Karnataka High Court on 15 March had dismissed a number of petitions filed by a section of Muslim students of the Government Pre-University Girls College in Udupi challenging a ban on hijab in educational institutions.
A three-member bench led by Chief Justice Ritu Raj Awasthi said, “We are of the considered opinion that wearing of hijab by Muslim women does not form a part of essential religious practice in the Islamic faith”.
The court said its order was applicable only inside the classroom and students can wear “any apparel of their choice outside the classroom”.
In its 129-page judgement, the HC held that the Quran, the holy text of Islam, does not mandate women to wear hijab and that the attire “at the most is a means to gain access to public places” and a “measure of social security”, but “not a religious end in itself”.
Following this verdict, the students approached the apex court.
Karnataka government’s hijab ban
Exercising its power under Section 133(2) of the Karnataka Education Act, 1983, the Karnataka government had passed an order on 5 February stating that students have to wear the uniforms prescribed by their schools and pre-university colleges.
On 15 March, the Karnataka HC upheld the ban on hijab in schools and colleges. PTI File Photo
Further, the order said that in educational institutes where there is no prescribed uniform any clothing that disturbs “equality, integrity and public law and order” should not be worn.
The directive said that headscarves are not part of the uniform, adding that “wearing a headscarf is not an essential religious practice for Muslims that can be protected under the Constitution,” reports Indian Express.
Denied entry
After the Karnataka High Court order upholding the ban, reports came up of hijab-clad students being denied entry into examination halls.
In April, Aliya Assadi and Resham, two petitioners in the hijab ban case, were reportedly not allowed to enter exam centres for wearing hijab.
Two others, Ayesha Almas and Hazra Shifa, did not appear for the exam due to the restrictions on Islamic headscarves, as per ThePrint.
The other two petitioners- Muskan Zainab and Shafa — who were first PU students had missed their exams in March.
Citing the government and the High Court’s order, the exam officials and college authorities denied permission to hijab-clad students to take exams.
Minister BC Nagesh said on the matter, “Those wearing hijab will not be allowed to write the exam. Hijabs won’t be permitted even for invigilators”.
Moreover, he also said students who miss the exam for not following the dress chode cannot take a re-exam or supplementary exams either, as per ThePrint.
Teachers denied exam duty
The Karnataka government had also said in April that school and college teachers who don headscarves will not be assigned Secondary School Leaving Certificate (SSLC) and Pre-University (PU) examination duty.
The primary and secondary education minister said there is no dress code for government employees. “However, as hijab is not allowed inside the examination hall for students, to be morally right, we are not forcing teachers who insist on wearing hijab to take up exam duty. Such teachers are relieved from exam duty,” he was quoted as saying by Times of India.
How it all began
It all began late last year.
In December, six girls were barred by the government school in the Udupi district from entering the classroom wearing hijab.
A timeline of the Karnataka hijab row. Graphic: Pranay Bhardwaj
On 1 January 2022, these students of Udupi Women’s PU College held a press conference and condemned the ban.
Later, Udupi BJP MLA Raghupati Bhat met the students and their parents asking them to adhere to the dress code in the school. However, the girls refused and continued with their protests against the hijab ban.
The demonstrations, which began in Udupi, later spread to other parts of the state as reports emerged that similar bans are being imposed in other institutes.
On 31 January, Muslim students filed several writ petitions in the Karnataka High Court, seeking permission to wear the hijab.
Meanwhile, the row snowballed and made national and international headlines.
A stand-off was seen between students supporting hijab-clad girls and youth sporting saffron scarves.
In view of the increasing tensions between the two sides, several colleges in Vijayapura, Koppa, Mangaluru, Kundapura and Udupi were closed.
Many videos of the demonstrations also went viral showing verbal brawls between the students of different communities.
One such video emerged from a college in Mandya where a Muslim girl was heckled by boys wearing saffron scarves and shouting “Jai Shri Ram” slogans. The burqa-clad student replied to them by shouting back “Allah hu Akbar!”
After stone-pelting incidents at some campuses, the state government had declared a three-day holiday to curb the protests.
As per NDTV, the Basavaraj Bommai government had also claimed that the hijab row is limited to only eight high schools and pre-university colleges out of the total 75,000 institutions in the state.
With inputs from agencies
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