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Synopsis

Justice Hemant Gupta, who has upheld the impugned Government Order and the Karnataka High Court judgment whereby the wearing of Hijab was disallowed in pre-university institutions in the state of Karnataka, has held in his judgment that,

"Secularism, as adopted under our Constitution, is that religion cannot be intertwined with any of the secular activities of the State. Any encroachment of religion in the secular activities is not permissible."

Justice Gupta has further remarked that though the concept of secularism emerged in the west, it has taken a different colour over the period of time. He has stated,

"...In a democratic country like India, consisting of multiple religions, regions, faith, languages, food and clothing, the concept of secularism is to be understood differently."

He has further held that the positive meaning of secularism would be non-discrimination by the State on the basis of religious faith and practices.

Secularism can be practiced by adopting a completely neutral approach towards religion or by a positive approach wherein though the State believes and respects all religions, but does not favour any, Justice Gupta has held.

It is to be noted that, today, a division bench of the Supreme Court consisting of Justices Hemant Gupta and Sudhanshu Dulia delivered a split verdict in a batch of pleas challenging the ban imposed on wearing of hijab in pre-university institutions in Karnataka.

While Justice Gupta held that Hijab is not an essential religious practice that impinges on the fundamental rights, Justice Dhulia overturned the Karnataka High Court verdict while adding, "that a girl child already has a lot of problems that she faces in the rural India. The question in my mind is, whether we are making her life difficult".

CASE TITLE: Aishat Shifa vs. State of Karnataka