Members of media speak in front of cameras after a panel of the Supreme Court said it was divided on a decision to allow hijabs in classrooms, outside the premises of the court in New Delhi, India, October 13, 2022. (REUTERS/Anushree Fadnavis)
NEW DELHI: Two judges on India's top court on Thursday differed over a ban on the wearing of the hijab, a headscarf used by Muslim women, in educational institutions and referred the sensitive issue to a larger bench of three or more judges to settle.
Justices Hemant Gupta and Sudhanshu Dhulia issued a split ruling after hearing petitions filed by a group of Muslims against a high court’s judgment in Karnataka state. The state court had refused to stay a government order issued in February that banned people from wearing clothes that disturb equality, integrity and public order in schools and colleges.
Karnataka State Education Minister B.C. Nagesh said on Thursday the ban on wearing the hijab in educational institutions in the state would continue until the top court settled the issue.
The dispute began early this year when a government-run school in Karnataka’s Udupi district barred students wearing hijabs from entering classrooms, triggering protests.
Supreme Court Justice Gupta on Thursday said there was a divergent opinion and that the matter should be referred to a larger bench of more than two judges.
The Karnataka state ban does not extend to other Indian states, but the Supreme Court ruling could set a precedent for the rest of the country.