A two-judge bench gave opposing verdicts last year and urged chief justice to constitute a larger bench to hear case.
Screengrab of a anti-hijab ban protest by Muslim girls.
The Supreme Court on Monday, 23 January, said it will consider setting up a three-judge bench to adjudicate the case related to the wearing of hijab in Karnataka schools following a split verdict by a two-judge bench.
A bench comprising Chief Justice DY Chandarchud, and Justices V Ramasubramanian and JB Pardiwala, took note of the submissions of senior advocate Meenakshi Arora that an interim order was needed keeping in mind the practical examinations, scheduled for some classes from 6 February in the state.
“This is the headscarf matter. The girls have practical examinations from 6 February, 2023, and this matter needs to be listed for interim directions so that they can appear. The practical examinations will be held in government schools,” the senior lawyer said, appearing for some students.
“I will examine it. This is a three-judge bench matter. We will allot a date,” the CJI said.
A two-judge bench of the apex court had, on 13 October last year, delivered opposing verdicts in the hijab controversy and urged the chief justice to constitute an appropriate bench to adjudicate the case that stemmed from a ban on wearing hijab in Karnataka schools.
SC to set up three-judge bench to hear Karnataka Hijab ban. Representational Image. (mkitina4)
While Justice Hemant Gupta, since retired, had dismissed the appeals challenging the 15 March, 2022, judgement of the Karnataka High Court which refused to lift the ban, Justice Sudhanshu Dhulia held there will be no restriction on the wearing of hijab anywhere in the schools and colleges of the state.
Permitting a community to wear its religious symbols to schools will be an “antithesis to secularism”, Justice Gupta had said, while Justice Dhulia insisted that wearing hijab should simply be a “matter of choice”.
With the apex court delivering a split verdict, the high court’s judgement still holds the field.
However, the split verdict held off a permanent resolution of the row over hijab as both judges suggested placing the matter before a larger bench for adjudication.
On 15 March, the Karnataka High Court dismissed the petitions filed by a section of Muslim students of the Government Pre-University Girls College in Karnataka’s Udupi seeking permission to wear the hijab inside classrooms, ruling it is not a part of the essential religious practice in the Islamic faith.
Several appeals were filed in the apex court against the verdict.
December 2021: Students wearing hijabs were not allowed inside classrooms at a government PU college in Udupi.
Since a meeting between parents and the college principal failed to resolve the issue, six students started a protest on the college campus.
1 January, 2022: Government PU college decided not to allow hijab-wearing students inside the class.
Students start protesting; the now-banned Campus Front of India (CFI) announced support for the protest.
Soon, students affiliated with the ABVP and other right-wing organisations launched counter-protests in various colleges across the state. They wanted permission to wear saffron shawl inside class.
31 January: Students approach Karnataka High Court challenging the college management’s order.
5 February: Even as the matter is pending before a single bench of the Karnataka High Court, the state’s Education Department issues a circular regarding the dress code.
The circular read: In exercise of the powers conferred under Section 133(2) of the Karnataka Education Act,1983, we direct students of all government schools to wear the uniform fixed by the state. Students of private schools may wear uniforms prescribed by the management committees of the school. In colleges that fall under the Karnataka Board of Pre-University Education, dress code prescribed by the College Development Committee or the administrative committee must be followed. If the administration does not fix a dress code, clothes that do not threaten equality, unity, and public order must be worn.
8 February: Violence erupts at many places during pro- and anti-hijab protests. Section 144 was imposed in Shivamogga city.
9 February: Single judge bench of the high court refers the hijab issue to a larger bench.
10 February: A three-judge bench headed by Chief Justice Ritu Raj Awasthi and comprising Justice Dixit and Justice JM Khazi start hearing on the hijab issue.
11 February: Karnataka High Court requests the state to re-open educational institutions at the earliest and restrains students from wearing any sort of religious clothes in classrooms, regardless of their faith, while the matter is pending.
25 February: Full bench of the Karnataka High Court reserves an order on the hijab issue after hearing the matter for 11 days.
15 March: Full bench pronounces the verdict. The order reads:
“We are of the considered opinion that wearing of hijab by Muslim women does not form a part of essential religious practice in the Islamic faith.
We are of the considered opinion that the government has the power to issue the impugned
Order dated 05.2.2022 and that no case is made out for its invalidation.
We are of the considered opinion that the prescription of school uniforms is only a reasonable restriction constitutionally permissible to which the students cannot object to.”
16 March: One student approaches Supreme Court, challenging the Karnataka High Court Order.
13 October A two-judge bench of the Supreme Court delivers a split verdict on petitions challenging the Karnataka High Court order.
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