Right to wear hijab does not stop at school gate; time to foster empathy towards different religions, languages: Justice Sudhanshu Dhulia

The right of a Muslim girl child to wear hijab does not stop at the school gate since she has a right to privacy and dignity inside the classroom as well, Justice Sudhanshu Dhulia of the Supreme Court said in his judgment on Thursday in the Karnataka hijab row case [Aishat Shifa vs State of Karnataka]..In a judgment calling for accommodation and adjustment of different cultures, religions and languages, Justice Dhulia opined that a girl child requesting permission to wear a hijab is not too much to ask for in a democracy."A girl child has the right to wear hijab in her house or outside her house, and that right does not stop at her school gate. The child carries her dignity and her privacy even when she is inside the school gates, in her classroom," the judgment said..Pertinently, the judge underscored the relevance of Constitutional values and how the Constitution is a document which signifies the trust that minorities have place on the majority."Amongst many facets of our Constitution, one is Trust. Our Constitution is also a document of Trust. It is the trust the minorities have reposed upon the majority," the verdict said..Our Constitution is also a document of Trust. It is the trust the minorities have reposed upon the majority.Justice Shudhanshu Dhulia .The Supreme Court delivered a split verdict today in the challenge to the Karnataka government order (GO) effectively empowering government colleges in the State to ban the wearing of hijab by Muslim girl students in college campus. Justice Hemant Gupta who headed the bench upheld the government decision while Justice Sudhanshu Dhulia struck it down..Justice Dhulia in his judgment said that the Karnataka High Court verdict does not sufficiently answer why hijab should be banned in government educational institutions. "All the petitioners want is to wear a hijab! Is it too much to ask in a democracy? How is it against public order, morality or health? or even decency or against any other provision of Part III of the Constitution. These questions have not been sufficiently answered in the Karnataka High Court judgement," Justice Dhulia stated.He added that there is no logic in the argument that wearing hijab in classroom will lead to law and order problem."It does not appeal to my logic or reason as to how a girl child who is wearing a hijab in a classroom is a public order problem or even a law-and order problem. To the contrary reasonable accommodation in this case would be a sign of a mature society which has learnt to live and adjust with its differences," he said..All the Petitioners want is to wear a hijab! Is it too much to ask in a democracy?Justice Shudhanshu Dhulia .The judge, therefore, called for inculcating values of tolerance and accommodation in schools and colleges in tune with the Constitutional philosophy. "Our schools, in particular our Pre-University colleges are the perfect institutions where our children, who are now at an impressionable age, and are just waking up to the rich diversity of this nation, need to be counselled and guided, so that they imbibe our constitutional values of tolerance and accommodation, towards those who may speak a different language, eat different food, or even wear different clothes or apparels! This is the time to foster in them sensitivity, empathy and understanding towards different religions, languages and cultures," the judgment said..This is the time to foster in them sensitivity, empathy and understanding towards different religions, languages and culturesJustice Shudhanshu Dhulia.In this regard, he also cited the National Education Policy 2020, of the Government of India which underlines the need for inculcating the values of tolerance and understanding in education and making the children aware of the rich diversity of this country. .Pertinently, he also explained the impact that a ban on hijab can have on a girl child's education."In villages and semi urban areas in India, it is commonplace for a girl child to help her mother in her daily chores of cleaning and washing, before she can grab her school bag. The hurdles and hardships a girl child undergoes in gaining education are many times more than a male child. This case therefore has also to be seen in the perspective of the challenges already faced by a girl child in reaching her school. The question this Court would therefore put before itself is also whether we are making the life of a girl child any better by denying her education, merely because she wears a hijab," he said..[Read Judgment].Read about the Day 1 hearing here.Read about the Day 2 hearing here.Read about the Day 3 hearing here.Read about the Day 4 hearing here.Read about the Day 5 hearing here.Read about the Day 6 hearing here.Read about the Day 7 hearing here.Read about the Day 8 hearing here.Read about the Day 9 hearing here.Read about the Day 10 hearing here.[Read written submissions of all lawyers here.