Tuesday, March 21, 2023
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Tuesday, March 21, 2023
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‘Right To Wear Hijab Can’t Be Stopped At School Gate’, Justice Dhulia Passes Split Judgement Over Hijab Ban

Sudhanshu Dhulia, a justice on the Supreme Court, said on Thursday that a girl child has the freedom to wear a hijab inside or outside of her home and that this right does not end at the school gate.

“Even inside the school’s walls, in her classroom, the child maintains her dignity and her privacy. She still has access to her basic rights. It is just false to assert that these rights turn into derived rights when used in a classroom “explained he.

In a separate decision, Justice Dhulia rejected appeals from the Karnataka High Court’s March 15 ruling upholding the prohibition on the hijab in government-run pre-university college classes.

“The petitioners, who are female students, are only asking to wear a hijab! In a democracy, is it too much to ask? How does it violate any other Part III of the Constitutional provisions or public morals, health, or decency? The High Court’s ruling does not adequately address these queries “added he.

According to Justice Dhulia, wearing a hijab is permitted anywhere in Karnataka’s colleges and schools.

“Wearing a hijab should be entirely up to personal preference under our constitutional framework. It may or may not be an issue of fundamental religious observance, but it is still an issue of conscience, belief, and expression “said he.

“If she (a Muslim student) wants to wear hijab, even inside her classroom, she cannot be stopped, since it may be the only way her conservative family will allow her to attend school, and in those circumstances, her hijab is her passport to education,” he continued.

Justice Dhulia continued, “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 awakening 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 have different beliefs from their own.

This is the moment to develop the students’ sensitivity, empathy, and knowledge of various cultures, languages, and religions. Now is the time for them to learn to embrace and enjoy our diversity rather than to be alarmed by it. He wrote that now is the moment for them to understand that our strength is in our diversity.

“a little girl for whom walking to the school gate is still difficult. Therefore, it is important to consider this instance from the standpoint of the difficulties a girl kid already has in getting to school. This court would examine itself whether depriving a girl kid of an education because she wears a headscarf actually improves her quality of life “He queried.

One of the loveliest sights in India today, according to Justice Dhulia, is a young girl heading out to school in the morning while carrying her school bag on her back.

“She is our future and our hope. But it is also true that a girl has a lot more trouble getting an education than her brother does. In Indian villages and semi-urban areas, it is typical for a girl kid to assist her mother with her daily cleaning and laundry tasks before picking up her school bag. Girls face considerably more obstacles and challenges than boys when it comes to getting an education “said he.

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