New Delhi (The Stellar News) Saksham Kalia: The Apex Court of India gave a split verdict on the Karnataka Hijab ban case, one judge validating the ban of Hijab in schools and other calling it a “matter of Choice”.
Amid the split decision by the bench of two judges, Justice Gupta` and Justice Dhulia, the case is now be placed in front of the CJI UU Lalit.
Justice Gupta also said they included whether fundamental rights of expression under Article 19(1)(a) and the right of privacy under Article 21 are mutually exclusive or complementary to each other, whether the government order meets the test of reasonableness under Articles 19 and 14, and whether the government order impinges upon the constitutional promise of dignity and fraternity.
Whether hijab is considered to be essential religious practice, can a student seek to wear it to school as a matter of right and whether the state government order is contrary to the legitimate state interest of promoting literacy and education as mandated under the Constitution, he added.
“The answer according to me in all these questions is against the appellants,” said Justice Gupta adding he was therefore dismissing the appeals.
Justice Dhulia reading out his opinion said he has a ‘different view’ and set aside the Karnataka High Court judgement and quashed the Government order of February 5, 2022, by which college management committees were empowered to take a decision on the issue.
He said the main thrust of his judgement is that the concept of essential religious practice was not essential for the disposal of the dispute. “The court probably took the wrong path. It was simply a question of Article 19(1)(a), its applicability and Article 25(1), primarily. And it’s ultimately a matter of her choice, nothing more nothing less,” he said.
