The Supreme Court of India recently delivered a split verdict on the hijab case, which involves the conflict between a student's right to wear a headscarf and the state's interest in maintaining secularism and equality in educational institutions. A two-judge bench was unable to resolve this issue definitively, with Justice Hemant Gupta ruling against allowing religious symbols like the hijab in schools, arguing that it would undermine secularism. In contrast, Justice Sudhanshu Dhulia emphasized the dignity and privacy of the student, asserting that the removal of a headscarf at the gates is unnecessary and discriminatory.
Justice Dhulia argued that the hijab should not interfere with the uniform and that its prohibition could prevent girls from accessing education, particularly in a society where they face greater challenges than boys. He called for "reasonable accommodation" of religious practices in schools, portraying this as a sign of maturity and inclusivity.
On the other hand, Justice Gupta focused on the importance of equality and discipline in maintaining a secular educational environment, arguing that allowing religious symbols could disrupt this principle. He believed that enforcing a uniform was within the constitutional rights of the government and necessary to foster fraternity and unity among students.
This split decision reflects the deep divisions in Indian society over issues of secularism and religious rights. The Karnataka government's mandate for a uniform was seen by some as a majoritarian stance, claiming to uphold unity, but it could lead to the exclusion of Muslim women from education. A policy of reasonable accommodation, where religious symbols like the hijab do not interfere with uniforms, would be a more inclusive approach.