Hijab Ban in Educational Institutes

 FACTS 

This case is famously known as the Hijab Ban Case. In this case, the controversy started when 6 students of the Government Pre-university College were barred from attending classes wearing their Hijab. Later the State Government of Karnataka passed an order restricting the students to attend college wearing any customary Islamic headscarf or Hijab, under the Karnataka Education Act, 1983 and its 1995 Rules. This Government Order was challenged in the Karnataka High Court, where a 3 Judge Bench of the Court ruled in favour of the Government and upheld the Ban, stating that wearing of Hijab is not an essential religious practice for Muslims. This judgment of the High Court was challenged in the Supreme Court by the All India Muslim Personal Law Board.

 WHAT DID THE COURT SAY? 

A Divisional Bench of the Supreme Court, consisting of Justice Hemant Gupta and Justice Sudhansh Dhulia heard the matter and delivered a split verdict on 13th October 2022. Justice Gupta confirmed the Karnataka HC Judgment and upheld the ban and on the other hand, Justice Dhulia held the opposite and decided in favour of those challenging the ban. The case has now been placed before the CJI to decide whether to refer the case to a 3-judge bench or a 9-judge bench.