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While pronouncing the spilt verdict on the hijab matter, Justice Hemant Gupta and Justice Sudhanshu Dhulia had dissenting opinions. Where Justice Gupta, upheld the impugned Government Order, and the Karnataka High Court judgment restricting wearing of Hijab in pre-university institutions in the state of Karnataka.

Justice Hemant Gupta drafted 11 questions, to which he answered in negation. Therefore, dismissing the appeal, holding hijab as not an essential religious practice that impinges on the fundamental rights. 

Justice Gupta almost summed up his entire verdict in one paragraph of the judgment. He very categorically mentioned that the students and the school environment have to be in conformity with the purpose to attain the prime agenda of getting education. And any insistence on a 'particular dress' would hamper the sense of equality, which a uniform guarantees. He opined, 

"...If the students of one faith insist on a particular dress, there is no stopping for the others to carry their faiths and beliefs to the schools. It would not be conducive to the pious atmosphere of the school where the students seek admission for education. In fact, uniform fosters a sense of ‘equality’ amongst students- instills a sense of oneness, diminishes individual differences, helps focus on learning as students would not be bothered about their social status, improves discipline, fewer conflicts in school, promotes school spirit- generates a sense of belonging, pride, loyalty towards the school, relieves economic pressure on the parents, ensures equality before the educational institution, serves the need of a diverse community and promotes a positive sense of communal identity and does not lead to the growth of disparities of wealth and style. School is the time to learn and lay foundation for the future pursuits in life. The students are expected to maintain discipline and the school is responsible to lay a strong foundation so as to nurture the students as responsible citizens of the country".

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