The Supreme Court issued a split decision on a slew of petitions challenging the Karnataka government’s February 5 order prohibiting the wearing of hijab inside pre-university college classrooms. A bench of Justices Hemant Gupta and Sudhanshu Dhulia delivered the decision. The Karnataka government circular was upheld by Justice Gupta, and the appeals were dismissed.
“I’m not going to comment on this because it’s a judicial matter and I haven’t read the written document.” The Supreme Court’s decision is critical in this case because it is not limited to Karnataka; it is a national issue, so we will await the final SC court decision. There are several dimensions to this issue, including student requests on one hand, government orders on the other, and national and international events. Karnataka Chief Minister Basavaraj Bommai says, “We are awaiting a clear verdict; I will comment on it when it is released.” But Justice Dhulia agreed with all of the appeals and changed the decision of the Karnataka High Court.
According to Justice Dhulia, the main thrust of his decision was that the entire concept of essential religious practise was not relevant to the dispute and that the high court erred. “It is a matter of choice, nothing more and nothing less,” said Justice Dhulia. He also stated that he had quashed the February 5 government order and ordered that the restrictions be lifted.
What concerned Justice Dhulia the most was “whether we are making a girl student’s life better by imposing such restrictions on her education.”
In it, Justice Gupta stated that “in light of divergent opinion, let the matter be placed before the CJI for appropriate directions.” On September 22, the top court reserved the judgement for Thursday. The bench listened to the arguments of lawyers for the state government, teachers, and petitioners who went to the Supreme Court after the Karnataka High Court refused to lift the ban on hijabs in state schools.
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