The Karnataka government on Thursday said the High Court’s order upholding the ban on hijab in educational institutions in the state will continue pending a final decision in the Supreme Court, which on Thursday pronounced a split verdict on appeals challenging the restriction on girls and women wearing the headscarves in schools and colleges.
State education minister BC Nagesh said that the ban on wearing hijab in educational institutions in the state will remain for now. Shortly after the Supreme Court delivered its split verdict, the minister said “we expect a better judgement,” stating that women worldwide are demanding to not wear hijab and burqa.
“As a democratic government, we welcome whatever order we have received from the honourable Supreme Court. But we expected a better judgment because as you know – throughout the world – women are demanding not to wear hijab and burka,” BC Nagesh said addressing a press conference on Thursday. “We welcome the Supreme Court verdict. Karnataka HC order remains applicable in the interim time. Theban on wearing of hijab in educational institutions of the state remains,’ Nagesh said.
When asked about organisations supporting the wearing of the hijab in educational institutions, the Karnataka minister said, “They will always want to split this society. They are using hijab to split the society.”
A two-judge bench of Justices Hemant Gupta and Sudhanshu Dhulia pronounced the judgement on Thursday.
While Justice Hemant Gupta stated that was a “divergence of opinion” as he dismissed the bunch of petitions against the March 15 Karnataka High Court order on the hijab matter, Justice Sudhanshu Dhulia allowed the appeals and set aside the HC verdict. “It’s a matter of choice, nothing more nothing less,” Justice Dhulia said while pronouncing the order.
Justice Gupta 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.”
Advocate Ezaz Maqbool, representing the petitioner, said that the matter will be placed before the Chief Justice of India and he will decide whether a new bench will hear the matter or whether it gets referred to a larger bench.
The apex court had earlier reserved its order on various petitions challenging the Karnataka High Court’s upholding the ban on hijab in educational institutes. The arguments in the matter went on for 10 days during which 21 lawyers from the petitioners’ side and Solicitor General Tushar Mehta, Additional Solicitor General KM Nataraj, and Karnataka Advocate General Prabhuling Navadgi argued for the respondents.
The court was hearing various pleas challenging the Karnataka HC’s judgement upholding the Karnataka government’s decision to direct educational institutes to prescribe uniforms in educational institutes.
