Secularism or Matter of Choice?
Supreme Court splits on Karnataka Hijab ban- against secularism and matter of choice.
More than 8 months after the Karnataka Government banned the wearing of the Hijab in the states Pre-University College triggered and created debates across the country. On the other hand Iranian women are protesting against Hijab law and here the Muslim student in Karnataka India protesting to wear Hijab in school with different hoarding boards which says, "First Hijab then education"," Every precious thing in the world are behind curtains".
The Supreme Court on October 13 delivered a split verdict whether Muslim student should shed the hijabs at the school Gates or not.
Justice Hemant Gupta said 'apparent symbols of religious believes cannot be worn to secular schools maintained from state funds'.
Justice Gupta held that adherence to uniform was a reasonable restriction to free expression that discipline reinforce equality. He said it was only to promote uniformity and encourage a secular environment.
In opposition of it justice Sudhanshu Dhulia said 'secularity meant tolerance to diversity'. Wearing or not wearing a Hijab to school was "ultimately a matter of choice". The Muslim girls from conservative families are being sent by their parents just because of hijabs saying that her hijab is her ticket to education. Asking the girls to take of their Hijab before they enter the school gates is an invasion of the privacy and also an attack on their dignity. There shall be no restriction on the wearing of hijab in any school or college in Karnataka.
Justice Julia added, "It was about article 15 it's a matter of choice nothing more and nothing else". Article 15 (2) that," Nothing in this article shall prevent the State from making any special provision for women and children".
The two judge bench of the supreme court delivered its judgement in Hijab Bank case where justice Hemant Gupta's upheld the Hijab ban verdict of Karnataka High Court ; on the other hand Justice Dhulia noted that hijab is a matter of choice. Since the verdict is split the chief justice will assign the case to a larger bench in due course of time.
Writer
Manushri Soni
Also Read: https://sarvatramedia.blogspot.com/2022/10/blog-post_13.html
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