JIH Women’s Wing Secretary Rahamathunnissa welcomes Justice Dhulia’s verdict in Hijab case

October 13, 2022

New Delhi, 13 Oct. 2022: National Secretary of the Women’s Wing of Jamaat-e-Islami Hind (JIH) Mrs.Rahamathunnissa has welcomed Justice Sudhanshu Dhulia’s verdict in the Hijab case, being heard by the Supreme Court of India.

Appreciating Justice Dhulia’s position that wearing a hijab is a matter of choice, Mrs.Rahamathunnissa, in a media statement said, “we concurred with Justice Dhulia’s remarks that the ‘Karnataka High Court took the wrong path’ and that Article 15 is “a matter of choice, nothing more and nothing else’.  Appealing to the judiciary to expedite the matter, she added, “as it is already affecting many girls and depriving them of their fundamental right to attend college and study in the education stream of their choice.” She also appealed to the government of Karnataka to withdraw its controversial order in view of Justice Dhulia’s observation and make an end to the unwarranted controversy.

Mrs. Rahamathunnissa further explained: “the JIH feels that it is not the job of courts to decide about essential religious practices of any religion. We are not against the practice of uniforms in educational institutions. However, publicly funded schools, while deciding the dress code, should maintain neutrality and respect for the religious and cultural practices of the concerned students, and the dress code should accommodate their religious principles, cultural leanings, and the voices of their conscience. If the Karnataka HC order is upheld then it may exclude Muslim women from education and it goes against the stated policy of the government of including all communities and social groups in the path of progress and development. Education is a crucial national priority and it demands a conducive atmosphere where all could pursue their education without being forced to make any compromise on their faith or conscience.”

The Supreme Court today gave a split judgment in a plea challenging the Karnataka high court order prohibiting the wearing of hijab inside classrooms in pre-university colleges. The 1:1 judgment was delivered by a bench comprising Justice Hemant Gupta and Justice Sudhanshu Dhulia. While Justice Gupta upheld the Karnataka government circular and dismissed the appeals, Justice Dhulia allowed all the appeals and set aside the Karnataka High Court judgment.

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