Bengaluru News Live: Students stage a protest after Supreme Court refused to accord urgent hearing on Karnataka hijab case, at Jamia Millia Islamia Campus in New Delhi. (Express file photo by Gajendra Yadav)The Supreme Court Thursday delivered a split verdict on petitions challenging the March 15 Karnataka High Court verdict on the hijab matter. The High Court had dismissed a batch of pleas filed by Muslim girls studying in pre-university colleges in Udupi seeking the right to wear hijab in classrooms. Given the “divergence of opinion”, the apex court directed placing the appeals before the Chief Justice of India for constitution of larger bench.
While Justice Hemant Gupta dismissed the appeals challenging the Karnataka High Court order, Justice Sudhanshu Dhulia allowed them. Justice Dhulia said that the Karnataka HC has taken wrong path and wearing hijab is ultimately matter of choice, nothing more or less. He also said that his focus was on education of girl child, especially in rural areas.
On March 15, the Karnataka high court had 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 Islamic faith.
Vice-Chancellor Dr Jayakara S M addressing media. (Express photo)
"If she wants to wear hijab, even inside her classroom, she cannot be stopped, if it is worn as a matter of her choice, as it may be the only way her conservative family will permit her to go to school, & in those cases, her hijab is her ticket to education," Justice Dhulia said. "The question this Court would put before itself is also whether we are making the life of a girl child any better by denying her education merely because she wears a hijab!," stated Justice Sudhanshu Dhulia. --ANI
Justice Sudhanshu Dhulia, a judge on the bench, stated,"by asking girls to take off hijab before they enter school gates is an invasion on their privacy, then an attack on their dignity & ultimately a denial to them of secular education; violative of Article 19(1)(a), 21& 25(1)." "Under our Constitutional scheme, wearing a hijab should be simply a matter of choice. It may or may not be a matter of essential religious practice, but it still is, a matter of conscience, belief & expression," noted Justice Sudhanshu Dhulia, in a split verdict on Hijab Ban. --ANI
The Supreme Court on Thursday delivered a split verdict on a batch of pleas challenging the Karnataka High Court judgment refusing to lift the ban on hijab in educational institutions of the state. While Justice Hemant Gupta dismissed the appeals against the HC verdict, Justice Sudhanshu Dhulia allowed them.
“There is divergence of opinion,” said Justice Gupta, who was heading the bench, while pronouncing the verdict.
In view of the split verdict, the bench directed that the appeals against the HC verdict be placed before the Chief Justice of India for constituting an appropriate larger bench. Karnataka hijab case: A timeline of events till Supreme Court verdict. (Read here)
Haryana Minister Anil Vij on Thursday waded into the headscarf issue saying men should strengthen their minds and free women from the hijab. Vij's tweet came shortly before the Supreme Court delivered a split verdict on a batch of pleas challenging the Karnataka High Court judgement refusing to lift the ban on hijab in educational institutions of the state.
"The men who could not control their excitement upon seeing women forced women to wear hijab. The need was to strengthen their mind, but the punishment was given to the women, they were covered from head to toe. This is grave injustice," the Haryana Home minister said in a tweet in Hindi.
In the same tweet, he suggested, "Men should strengthen their minds and free women from hijab." In February, amid a row over some students wearing hijab in Karnataka, Vij had said the prevailing dress code in schools and colleges must be followed.
There is a divergence of opinion. In my order, I have framed 11 questions. First is, whether appeal should be referred to constitution bench. Whether college management can take a call on uniform of students and if wearing of Hijab and restricting it is violative of Article 25. Whether right under Article 19 and Article 25 is mutually exclusive. Whether government order infringes upon the fundamental right. Can student exert her fundamental right, is wearing right a part of essential religious practice under Islam, whether government order serves purpose of access of education: the answer according to me is against the appellant, Justice Hemant Gupta said, according to The Bar and Bench. (Read more for what both the Justices said)
Karnataka education minister BC Nagesh on Thursday welcomed the Supreme Court's verdict but said that he had expected a better judgement as women worldwide are demanding to not wear hijab/burqa.
"Karnataka HC order remains applicable in interim time; ban on wearing of hijab in educational institutions of the state remains," he added.
Justice Sudhanshu Dhulia says Karnataka HC has taken wrong path and wearing hijab is ultimately matter of choice, nothing more or less. Justice Dhulia has allowed the appeals and sets aside the HC judgment. He also said that his main thrust in judgment is concept of essential religious practice which was not core of dispute. "My focus is on the education of a girl child, especially in rural areas," he added. (PTI)
Supreme Court on Thursday pronounced a split verdict in the Karnataka Hijab ban case. Justice Hemant Gupta dismissed the appeals challenging the karnataka High Court order, while Justice Sudhanshu Dhulia allowed the appeals and sets aside the HC judgment. In the view of the divergent opinion, matter are directed to be placed before Chief Justice of India for appropriate directions.
The Supreme Court Thursday delivered a split verdict on petitions challenging the March 15 Karnataka High Court verdict dismissing a batch of pleas filed by Muslim girls studying in pre-university colleges in Udupi seeking right to wear hijab in classrooms. The court had reserved its decision in the matter on September 22 after hearing extensive arguments by the petitioners as well as the state. (Read more)
The 'Bharat Jodo Yatra' of the Congress led by Rahul Gandhi on Thursday resumed from Bommagondanahalli in Karnataka's Chitradurga district and headed towards Rampura. Hundreds of people gathered on the roadside in the morning to welcome them.
According to Congress workers, the march started at 6.30 am from the BG Kere underpass in Bommagondanahalli. After walking 12 kilometres, Gandhi will take a break at Konasagara in the district.
The march will then resume at 4 pm from Konasagara and stop for an evening break in Molakalmuru. After that, Gandhi will take a night halt in Rampura. The 'Bharat Jodo Yatra' entered Karnataka on September 30. It will cover 511 km in 21 days and exit the state on October 20. (PTI)
The Bruhat Bengaluru Mahanagara Palike (BBMP) has informed the High Court of Karnataka that 2,052 encroachments on storm water drains (SWDs) have been removed so far. The HC bench headed by Acting Chief Justice Alok Aradhe was hearing a petition by 'Citizens Action Group' and others on Wednesday.
The Bengaluru civic body's Chief Engineer (SWDs) M Lokesh presented the action-taken report on the issue before the HC.
The report stated that 2,666 encroachments on SWDs ('Rajakaluves') were identified out of which 2,052 were removed by October 11. Out of the remaining 614 encroachments, 110 issues were in various courts. A total of 504 encroachments were yet to be cleared. (PTI)
Continuing its anti-encroachment drive Wednesday, the Bruhat Bengaluru Mahanagara Palike (BBMP) cleared encroachments on stormwater drains in Mahadevapura.
“A 70-metre compound wall and a security guard’s room of TZ apartment in Mahadevapura were demolished. The compound wall of Diya school that was encroaching stormwater drains has also been cleared. Three sheds which were used as fish stalls and garage sheds were also demolished. The wall of the Gowdru Rajanna hotel was brought down. A part of Bhagini Hotel which is encroaching on the stormwater drain will be cleared by the hotel management. The hotel’s owner has been told to remove the encroachment soon. At the Whitefield Ring Road, two sheds were also cleared,” the BBMP said in a statement. (Read more)