The Supreme Court is set to deliver its judgment in a batch of appeals challenging the Karnataka government order (GO) effectively empowering government colleges in the State to ban the wearing of hijab by Muslim girls [Fathima Bushra vs State of Karnataka].
A Bench of Justices Hemant Gupta and Sudhanshu Dhulia will pronounce it verdict at 10.30 am.
The challenge before the Supreme Court is against a Karnataka High Court decision from March 15 upholding the Karnataka government order.
The Karnataka High Court had on March 15 upheld a Karnataka government order (GO) effectively empowering college development committees of government colleges in the State to ban the wearing of the Islamic headscarf in college campuses.
While some of the appellants argued that that the only issue that needed to be considered was whether the restriction was deemed to be a valid Constitutional restriction, others insisted that wearing the hijab was essential to Islam.
The appellants also said that the government order discriminated against them on the grounds of both religion and sex.
The government maintained their position that the order was "religion-neutral" and did not target any specific community.
The court was also told that the girl students never wore the hijab to educational institutions until 2021, and started the practice on advice when a movement designed to create an agitation was started on social media by the Popular Front of India.
Live updates from the pronouncement of judgment below.
Bench to assemble at 10.30 am.
Who argued what in Hijab case before Supreme Court?
Find here a list of all the counsels and the submissions made by them in top court.
Justice Hemant Gupta: There is divergent of opinion. In my order, I have framed 11 questions. First is, whether appeal should be referred to constitution bench.
Justice Hemant Gupta: Whether college management can take a call on uniform of students and if wearing of Hijab and restricting it is violative of Article 25.
Whether right under Article 19 and Article 25 is mutually exclusive.
Whether government order infringes upon the fundamental right.
Justice Hemant Gupta: Can student exert her fundamental right, is wearing right a part of essential religious practice under Islam, whether government order serves purpose of access of education: the answer according to me IS AGAINST THE APPELLANT. I DISMISS THE APPEAL.
Justice Sudhanshu Dhulia: I have set aside the Karnataka High Court order and quashed the government order.
Justice Sudhanshu Dhulia: Venturing into essential religious practice was not needed and the court took a wrong way. It was just a question of choice. I have held the ratio in Bijoy Emmanuel squarely covers the case. One thing which was topmost for me was education of girl child.
Justice Sudhanshu Dhulia: A girl child in areas does household work and chores before going to school and are we making her life any better by doing this. I have respectfully differed. This was a case only dealing with Article 19 and 25.
Justice Hemant Gupta: In view of divergent opinion, let the matter be placed before the Chief Justice of India for appropriate directions.
Advocate Ejaz Maqbool and Solicitor General Tushar Mehta joins lawyers in wishing Justice Hemant Gupta a pleasant retirement.
Justice Gupta demits office tomorrow.