JUSTICE DHULIA’S APPROACH IN THE HIJAB CASE IS IN LINE WITH THE INDIAN CONSTITUTION AND THE IDEALS OF INDIVIDUAL FREEDOM
New Delhi: October 13, 2022, General Secretary of the All India Muslim Personal Law Board Maulana Khalid Saifullah Rahmani speaking on the 2 Judge Bench judgment of the Supreme Court regarding the use of hijab by girls in schools said that Justice Dhulia’s judgment is in line with the Constitution of India and the ideals of individual freedom.
Justice Dhulia has focused on promoting girls’ education and removing barriers to their education—an aspect that is certainly welcomed and is missing from Justice Hemant Gupta’s judgment.
The Government of Karnataka is requested to withdraw its Government Order regarding Hijab.If the Government of Karnataka withdraws the order in question, the whole controversy will automatically come to rest.
The Government should note that women’s education in India, particularly among the Muslim community, is already receiving inadequate attention.The Government should not support any measure that creates obstacles in women’s education. Rather, the Government must support a harmless practice, evidently significant to these young girls, and abstaining from it puts these girls in an uncomfortable situation.
The matter will now be referred to a Larger Bench of the Supreme Court due to the divided opinion of the two judges.The All India Muslim Personal Law Board supported the pro-hijab side when the matter was before the Karnataka High Court. When the matter reached the Supreme Court, the All India Muslim Personal Law Board itself became a party to the matter and presented its opinions, positions, and arguments with full strength. The Board will continue to play its part in the fight of these young girls to carry on with hijab with full strength and willingness.
Dr. M Vaquar Uddin Latifi