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Supreme Court Rules Inconclusively On Karnataka's Hijab Prohibition
Supreme Court
Highlights
- The Supreme Court issued a split decision about the appeals filed in opposition to the Karnataka High Court's decision upholding the hijab ban in educational institutions.
- While allowing the appeals and invalidating the GO from February 5, Justice Dhulia stated that the decision to wear the hijab was entirely hers
Today, the Supreme Court issued a split decision about the appeals filed in opposition to the Karnataka High Court's decision upholding the hijab ban in educational institutions. Justice Sudhanshu Dhulia granted the appeals, but Justice Hemant Gupta dismissed the appeals against the High Court's decision.
While allowing the appeals and invalidating the GO from February 5, Justice Dhulia stated that the decision to wear the hijab was entirely hers. The matter is addressed by the ratio set forth by the SC in Bijoy Emanuel. The education of a girl child was the thing that consumed his thoughts. A girl child must deal with several challenges. There are further challenges, and it's questionable if limiting her educational options will improve her quality of life.
Due to the differences in opinions, the two-judge bench requested that the CJI present the petitions in order to form the proper bench. After a lengthy ten-day hearing, a bench of Justices Hemant Gupta and Sudhanshu Dhulia reserved a decision for September 2022.
Senior attorneys opposed to the hijab prohibition included Kapil Sibal, Dushyant Dave, Salman Khurshid, Rajeev Dhawan, Sanjay Hegde, and Devdutt Kamat during the hearing. Solicitor General Tushar Mehta, Karnataka AG Prabhuling Navadgi, and ASG KM Nataraj all presented submissions on behalf of the State.
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