Karnataka hijab controversy: The Supreme Court of India today (March 3) dismissed a petition seeking urgent listing of a plea allowing students in pre-university colleges in Karnataka to appear in annual examinations wearing headscarf (hijab). A woman lawyer mentioned the matter before a bench headed by Chief Justice of India DY Chandrachud. The counsel submitted that the examination is after five days and added that they had come earlier as well, and sought urgent hearing of the petition.
The bench told the lawyer, “You come on the last date, what can we do?” The Chief Justice said that a fresh bench would be constituted to hear the matter after the Holi vacation. On 22 February, the Supreme Court of India agreed to hear a petition by a group of students seeking permission to appear in annual examinations in pre-university colleges in Karnataka with their head scarves on.
Advocate Shadan Farasat, appearing for the students, then submitted before a bench headed by Chief Justice DY Chandrachud that they have to appear in the annual examinations in government colleges commencing from March 9 (Thursday).
The top court asked the lawyer, why is he being stopped from giving the exam? The counsel replied because of the headscarf and further said that the students have already lost one year and if no relief is granted, they will lose another year. The bench said that the plea for listing will be considered. On January 23, the Supreme Court agreed to set up a three-judge bench to consider petitions challenging the ban on hijab in classrooms of pre-university colleges in Karnataka.
Learn more about the hijab controversy:
The Supreme Court, in October 2022, delivered a split verdict on petitions challenging the legality of a ban on the hijab worn by some Muslim girl students in classes in pre-university colleges in Karnataka. The split verdict was given by a division bench of Justices Hemant Gupta and Sudhanshu Dhulia.
Justice Gupta, who is now retired, upheld the Karnataka government’s circular and dismissed the appeals against the Karnataka High Court’s decision. Justice Dhulia, however, rejected the Karnataka government’s decision to ban the wearing of hijab inside the classrooms of pre-university colleges, saying that the Constitution is also a document of trust and the minority has reposed trust in the majority.
Justice Dhulia said in his judgment: “We live in a democracy and under the rule of law, and the laws that govern us must pass the Constitution of India. One of the many aspects of our Constitution is trust. Our Constitution is also a document of trust.The minority has put the trust on the majority.
The bench had then said that since there is a difference of opinion, the matter would be placed before the Chief Justice of India for constitution of a larger bench.
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