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Synopsis

The judgment reserved by the Supreme Court in the hijab matter, has been pronounced today, where both the judges delivered judgments separately, and in case they were to differ, the case would have to be then referred to a larger bench.

Justice Hemant Gupta drafted 11 questions, to which he answered in negation. Therefore, dismissed the appeal, holding hijab not an essential religious practice that impinges on the fundamental rights. Further upheld the impugned GO and the Karnataka High Court judgment.

While Justice Sudhanshu Dhulia delivered a split verdict. While overturning the Karnataka High Court verdict in the Hijab case, he added, "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".

Matter now will be placed before the Chief Justice of India for appropriate directions on the matter.

A Bench of Justice Hemant Gupta and Justice Sudhanshu Dhulia was hearing the matter which came before the court after Karnataka High Court upheld the decision of the Karnataka Government. The government disallowed wearing hijabs in pre-university institutions and ruled that it is not an ‘Essential Religious Practice’ (ERP) of Islam. This ruling has been vehemently debated upon in the last few days, while the other party cited reasons and rationale on the validity. 

Case Title: Aishat Shifa vs State of Karnataka