Giving the verdict on the hijab controversy, Justice Dhulia said that wearing the hijab is ultimately a matter of choice, neither too much nor less. He said that when I was looking into this decision, the only thing in my mind was whether we are making the life of girls easier.
A two-judge bench has given a separate decision from the Supreme Court on the hijab ban in educational institutions in Karnataka. Justice Hemant Gupta has justified the hijab ban by the Karnataka government.
But Justice Sudhanshu Dhulia has upheld the ban imposed on wearing hijab and set aside the order of the Karnataka government. After the divided decision from the two-judge bench of the Supreme Court, this case will be sent to the larger bench. Supreme Court Chief Justice UU Lalit will constitute a new bench to hear the matter.
For the time being, the ban on hijab in educational institutions of Karnataka will continue. Please tell that Justice Hemant Gupta was presiding this bench. Justice Dhulia said the High Court has taken the wrong path and wearing the hijab is ultimately "a matter of choice, neither more nor less.
Justice Sudhanshu Dhulia said, "The High Court has taken the wrong path, it is a matter of choice, it is a matter of Articles 14 and 19." It is a matter of choice, nothing more nor less than that. Justice Dhulia gave priority to the education of girls in his decision.
This controversy started in January this year when a girl student wanted to go to the classroom wearing a hijab. The school administration did not allow this. After this, due to the dispute, the administration in Karnataka had to close the educational institutions for a few days. After this the state government banned the hijab in educational institutions. After this the matter went to the High Court. The court also upheld the state government's order to ban the hijab.
This order of the Karnataka High Court was challenged in the Supreme Court. A divided decision has come in the Supreme Court on this issue today. In this decision of the Supreme Court, where Justice Dhulia termed the ban on hijab as wrong, Justice Hemant Gupta justified the ban on hijab.
Justice Gupta, during the hearing on the matter, whether the freedom of expression and the right to privacy are mutually different or complement each other, whether the hijab is a mandatory or right on religious basis.