"Wearing Hijab Matter Of Choice": How 2 Supreme Court Judges Differed

New Delhi:  Two Supreme Court judges today differed on whether Karnataka's ban on the hijab in classrooms should stay or go and called for a larger bench to take it up. The two-judge bench, delivering a split verdict, agreed that "there is a divergence of opinion" and recommended that the Chief Justice of India constitute a three-judge bench to decide on whether the ban stays. While Justice Hemant Gupta backed the ban on the hijab in educational institutions, Justice Sudhanshu Dhulia said he "respectfully disagreed" and that the ban should go as the education of girls is most important. The main thrust, he said, should have been the matter of choice. "It is ultimately a matter of choice, nothing more, nothing else," said Justice Dhulia. "Upper most in my mind was the education of the girl child. One thing which was topmost for me was education of Girl Child. A girl child in (many) areas does household work and chores before going to school and are we making her life any better by doing this (hijab ban)," he said. Justice Gupta raised 11 questions in his order, which include:

• Whether the appeal should be referred to a Constitution bench
• Whether colleges can decide on the uniform of students
• Whether wearing the hijab and restricting it violates the freedom of religion (Article 25)
• Whether Article 25 and Article 19 (Freedom of speech and expression) are mutually exclusive
• Whether the Karnataka ban infringes upon fundamental rights
• Is wearing the hijab a part of essential practice under Islam?
• Whether the government order serves the purpose of access to education

"The answer, according to me, is against the appellant. I dismiss the appeal," Justice Gupta said. Muslim students have challenged the Karnataka government's ban on the hijab on campus. The February 5 ban order referred to clothes "that disturb equality, integrity, and public order in schools and colleges" and compared hijabs to Hindus wearing bindis and Sikhs wearing turbans. On March 15, the Karnataka High Court refused to remove the ban and dismissed the request of Muslim students to be allowed to wear the hijab in class, ruling that it is not essential for practising Islam. The students challenged the High Court order before the Supreme Court. Their lawyers had argued in the Supreme Court that preventing Muslim girls from wearing the hijab in class will jeopardise their education as they would be forced to miss classes. The Karnataka government defended the ban, saying it is "religion neutral". (SOURCE: NDTV)