Indian Supreme Court remains divided over ban on hijab in schools

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While debate on Hijab gains momentum in Iran, an Indian Supreme Court panel remained divided over ban on hijabs in schools and referred that matter to the country’s chief justice.

Karnataka state’s ban on the garment in schools in February triggered protests by Muslim students and their parents.

In response, Hindu students staged counter-protests, adding to religious tensions at a time when some Muslims have complained of marginalisation under a Hindu nationalist government led by Prime Minister Narendra Modi.

“We have a divergence of opinion,” said Supreme Court Justice Hemant Gupta, one of two judges on the panel.

Gupta said he had wanted an appeal against the ban to be quashed while his colleague on the panel, Sudhanshu Dhulia, said wearing the hijab was a “matter of choice”.

The chief justice would set up a larger bench to further consider the case, they said, but did not say by when that could happen. Supreme Court decisions apply nationwide.

Anas Tanwir, a lawyer for one of the Muslim petitioners who appealed against the Karnataka ban, told Reuters the split verdict was a “semi-victory” for them.

“Hopefully, the chief justice will set up the larger bench soon and we will have a definitive verdict,” he said by telephone.

Muslims are the biggest minority group in India, accounting for 13% of the population of 1.4 billion, the majority of whom are Hindu.

The lack of a verdict disappointed some Muslim students in the town of Udipi, where protests first erupted.

Critics of the ban say it is another way of marginalising the Muslim community, adding that Modi’s Bharatiya Janata Party (BJP), which rules Karnataka, could benefit from the controversy ahead of a state election due by May next year.

The BJP, which draws its support mainly from Hindus, says the ban has no political motive.

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