‘Wearing hijab MATTER of CHOICE’: SC judge Sudhanshu Dhulia who set aside Karnataka HC order

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‘Wearing hijab MATTER of CHOICE’: SC judge Sudhanshu Dhulia who set aside Karnataka HC order


New Delhi: Supreme Court Justice Sudhanshu Dhulia, who on Thursday set aside the Karnataka High Court order upholding the hijab ban in state academic establishments, mentioned that “wearing a hijab is a matter of choice.” Justice Dhulia made this remark because the Supreme Court delivered a cut up verdict on a clutch of petitions difficult the Karnataka authorities`s February 5 order, prohibiting the sporting of hijab inside lecture rooms in pre-university faculties. 

The judgment was delivered by a bench comprising Justices Hemant Gupta and Sudhanshu Dhulia. While Justice Gupta dismissed the appeals difficult the Karnataka High Court judgment, Justice Dhulia set aside the excessive courtroom judgment.

The petitioners had moved the apex courtroom difficult the Karnataka High Court verdict refusing to raise the ban on hijab in academic establishments of the state. Justice Dhulia mentioned he has a unique view and he’s permitting the attraction in opposition to the excessive courtroom judgment. “It (wearing hijab) is ultimately a matter of choice, nothing more, nothing else,” he mentioned.

Justice Dhulia mentioned venturing into important non secular observe was not wanted and the excessive courtroom took the fallacious approach. He added that one factor which was topmost for him was training of lady youngsters. Justice Dhulia added {that a} lady youngster in areas does family work and chores earlier than going to high school and are we making her life any higher by imposing a further restriction on her?

Justice Dhulia mentioned he has set aside the Karnataka High Court order and quashed the Karnataka authorities order of February 5, 2022, and given instructions for the removing of the restrictions. Justice Hemant Gupta mentioned in view of divergent opinions, let the matter be positioned earlier than the Chief Justice of India for acceptable instructions. Detailed judgment on the matter might be uploaded later within the day.

The judgment would imply the restrictions on hijab in lecture rooms as per the state authorities`s February 5 order would proceed for now.

After 10 days of marathon hearings, on September 22 the highest courtroom had reserved the judgment for Thursday. The bench heard the arguments from the counsels representing the state authorities, academics, and the petitioners, who moved the apex courtroom difficult the Karnataka High Court verdict refusing to raise the ban on hijab in academic establishments of the state.





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