New Delhi: The Supreme Court on Thursday pronounced a split verdict in the Karnataka Hijab ban case.
A bench of justices Hemant Gupta and Sudhanshu Dhulia pronounced the judgement today.
Major takeaways from verdict
WHAT DID JUSTICE GUPTA SAY?
Justice Hemant Gupta dismissed the petitions against the hijab ban. He said,” “There is a divergence of opinion. In my order, I have framed 11 questions. First is whether the appeal should be referred to the Constitution Bench.”
Justice Gupta stressed the need to discuss the ambit and scope of the right to freedom of religion.
WHAT DID JUSTICE DHULIA SAY?
Justice Sudhanshu Dhulia allowed the appeals and set aside the Karnataka High Court order.
“It’s a matter of choice, nothing more nothing less,” Justice Dhulia said while pronouncing the order. He stressed the importance of girls’ education, especially in rural areas.
“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 restrictions…I have held that the judgment in Bijoe Emmanuel squarely covers the issue,” he added.
MATTER TO BE PLACED BEFORE CJI
The matter has now been referred to the Chief Justice of India (CJI) UU Lalit to constitute a fresh bench.The new bench will have three or more judges as per the CJI’s discretion.
HIJAB BAN TO STAY
The notification stands as of now, and the Karnataka government need not change any norms in schools. The hijab ban will continue to stay as of now.
STATE HITS OUT AT PFI
According to sources, during the arguments, the State told the Court that there was no established practice of wearing hijab by Muslim girls students and that the protests were orchestrated by the Campus Front of India and the Popular Front of India.
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