New Delhi: The two Supreme Court judges who delivered a split verdict in the hijab controversy chose not to examine whether wearing the headscarf amounts to an essential religious practice (ERP) in Islam. In their separate divergent opinions on the hijab ban, while Justice Hemant Gupta dismissed the petitions filed by Muslim girl students, Justice Sudhanshu Dhulia upheld them and quashed the Karnataka government order dated 5 February that amounted to a prohibition on the headscarf in educational institutions. But neither elaborated on whether hijab wearing is an essential religious practice in Islam, despite the petitioners claiming it to be one. Incidentally, the Karnataka HC had in its 15 March verdict declared the ban valid on the grounds that it is not an essential religious practice. Though both, the petitioners and the state government, put forth extensive arguments on ERP in the apex court, the bench chose not to delve into the issue. Also Read: Discriminatory to not essential religious practice — what appellants, state told SC in hijab case ERP test, doctrine ERP is a doctrine developed over the years by the top court and governs which religious practices are protected under Articles 25 and 26 (fundamental rights […]
