The Supreme Court’s split decision regarding the petitions brought up against to the hijab ban in Karnataka also reflects the social realities of the time. The question of whether or not faith should be practised in public has been up for debate. Many people think that discussing religion and religious practises in public places like schools, colleges, offices, etc. is inappropriate. However, a bigger counterargument asserts that it is a matter of personal choice.
The Karnataka High Court ‘s judgment upholding the ban on the hijab in the state’s public educational institutions was challenged, and the Supreme Court issued a split decision on the matter on Thursday. Justice Hemanta Gupta and Justice Sudhanshu Dhulia, two SC judges, rendered a split decision in the case. Justice Gupta made a decision in favour of the hijab ban, ruling that religious belief cannot be brought to a secular institution run with state funding. Justice Dhulia, on the other hand, held a different perspective. It’s ultimately a matter of choice, nothing more, nothing less, he said in overturning the HC’s ruling.
Justice Dhulia echoed the petitioner’s worries when he said, “All the petitioner wants is to wear a hijab! Is it too much to ask for in a democracy?”
Debate on Matter of Choice vs Equality
This debate has now essentially come down to two points of contention: should this be a matter of personal choice or should there be a sense of equality in public spaces? Justice Dhulia and other proponents of the “choice” perspective think that exercising one’s religion without hindrance is a fundamental right. Justice Dhulia asserts that courts should proceed cautiously when assessing what constitutes fundamental religious practise because they are ill-equipped and inappropriate places to address theological issues. Justice Gupta, on the other hand, thinks that religious conviction cannot be brought to a public, secular school. Regarding religion and public religious activity, many share his beliefs.
What will happen next in Hijab ban case after SC’s split verdict?
The hijab ban in Karnataka will persist for the time being. The Chief Justice of India is to be consulted on the case for suitable guidance in light of the conflicting opinions. In order to form a new bench, the petition has now been forwarded to Chief Justice of India (CJI) UU Lalit. The CJI may choose to have three judges or more on the new bench.
The Chenab Times News Desk