RITU RAJ AWASTHI, KRISHNA S.DIXIT, J.M.KHAZI
Resham – Appellant
Versus
State of Karnataka – Respondent
Counsel for the Parties:
In W.P. No.2347 of 2022
For the Petitioners:Prof. Ravivarma Kumar, Senior Advocate for Shri Abhishek Janardhan, Shri Arnav A. Bagalwadi and Shri Shathabish Shivanna, Advocates
For the Respondent Nos.1 to 3:Shri Prabhuling K. Navadgi, Advocate General A/W Shri. Aruna Shyam, Additional Advocate General, Shri Vinod Kumar, Additional Government Advocate, Shri Sushal Tiwari, Shri Suryanshu Priyadarshi and Shri Ananya Rai, Advocates
For the Respondents:Shri Deepak Narajji, Advocate in IA 2/2022
For the Respondents:Shri Kaleeswaram Raj and Rajitha T.O., Advocates in IA 3/2022 & IA 7/2022
For the Respondents:Smt. Thulasi K. Raj & Rajitha T.O., Advocates in IA 4/2022 & IA 6/2022
For the Respondents:Shri Sushal Tiwari, Advocate in IA 5/2022
For the Respondents:Shri Basavaprasad Kunale and Shri Mohammed Afeef, Advocates in IA 8/2022
For the Respondents:Shri Akash V.T., Advocate in IA 9/2022
For the Respondents:Shri R. Kiran, Advocate in IA 10/2022
For the Respondents:Shri Amruthesh N.P., Advocate in IA 11/2022
For the Respondents:Shri Mohammad Shakeeb, Advocate in IA 12/2022
For the Respondents:Ms. Maitreyi Krishnan, Advocate in IA 13/2022
For the Respondents:Shri Adish C. Aggarwal, Senior Advocate in IA 14/2022, IA 18/2022, IA 19/2022 & IA 21/2022
For the Respondents:Shri Girish Kumar R., Advocate in IA 15/2022
For the Respondents: Smt. Shubhashini S.P., Party-in-Person in IA 16/2022
For the Respondents:Shri Rohan Kothari, Advocate in IA 17/2022
For the Respondents: Shri Ranganatha P.M., Party-in-Person in IA 20/2022
In W.P. No.2146 of 2022
For the Petitioner Nos.1, 3 to 5:Shri. Sanjay Hegde, Senior Advocate for Shri Mohammed Tahir and Smt. Tanveer Ahmed Mir, Advocates
(V/O Dt. 15.02.2022, Petition in Respect of Petitioner No.2 Stands Dismissed as Withdrawn)
For the Respondent Nos.1 to 4:Shri Prabhuling K. Navadgi, Advocate General A/W Shri Aruna Shyam, Additional Advocate General, Shri Vinod Kumar, Additional Government Advocate, Shri Sushal Tiwari, Shri Suryanshu Priyadarshi and Ms. Ananya Rai, Advocates
For the Respondent Nos.5 and 6:Shri S.S. Naganand, Senior Advocate for Shri Rakesh S.N. and Shri S. Vivekananda, Advocates
For the Respondent No.7:Shri Raghavendra Srivatsa, Advocate
For the Respondent No.8 and in IA 2/2022:Shri Guru Krishna Kumar, Senior Advocate for Shri K. Mohan Kumar, Advocate
For the Respondent No.12:Shri Venkataramani, Senior Advocate for Shri Kashyap N. Naik, Advocate
For the Respondent No.13:Shri Venkataramani, Senior Advocate for Shri Vikram Phadke, Advocate
For the Respondent No.14:Shri Nishan G.K., Advocate
For the Respondent No.15:Shri Sajan Poovayya, Senior Advocate for Shri Manu Kulkarni and Shri Vishwas N., Advocates
For the Respondent No.16:Shri Sajan Poovayya, Senior Advocate for Shri Mrinal Shankar and Shri N.S. Sriraj Gowda, Advocates
For the Respondents:Shri Shiraj Quaraishi and Shri Rudrappa P., Advocates in IA 6/2022
In W.P. No.2880 of 2022
For the Petitioners:Shri Devadutt Kamat, Senior Advocate for Shri Mohammad Niyaz, Advocate
For the Respondent Nos.1 to 5:Shri Prabhuling K. Navadgi, Advocate General A/W Shri Aruna Shyam, Additional Advocate General, Shri Vinod Kumar, Additional Government Advocate, Shri Sushal Tiwari, Shri Suryanshu Priyadarshi and Ms. Ananya Rai, Advocates
For the Respondents:Shri Aiyappa, K.G., Advocate in IA 2/2022
For the Respondents:Shri S. Vivekananda, Advocate in IA 3/2022
For the Respondents:Smt. Shivani Shetty, Advocate in IA 4/2022
For the Respondents:Shri Shashank Shekar Jha, Advocate in IA 5/2022
In W.P. No.3038 of 2022
For the Petitioners:Shri Yusuf Muchchala, Senior Advocate for Shri Naveed Ahmed, Advocate
For the Respondents:Shri Prabhuling K. Navadgi, Advocate General A/W Shri Aruna Shyam, Additional Advocate General, Shri Vinod Kumar, Additional Government Advocate, Shri Sushal Tiwari, Shri Suryanshu Priyadarshi and Ms. Ananya Rai, Advocates
In W.P. No.3424 of 2022
For the Petitioners:Dr. Vinod G. Kulkarni, Petitioner-in-Person
For the Respondent No.3:Shri Prabhuling K. Navadgi, Advocate General A/W Shri. Aruna Shyam, Additional Advocate General, Shri Vinod Kumar, Additional Government Advocate, Shri Sushal Tiwari, Shri Suryanshu Priyadarshi and Ms. Ananya Rai, Advocates
In W.P. No.4309 of 2022
For the Petitioners:Shri A.M. Dar, Senior Advocate for Shri Muneer Ahmed, Advocate
For the Respondent Nos.1 to 5 and 8:Shri Prabhuling K. Navadgi, Advocate General A/W Shri. Aruna Shyam, Additional Advocate General, Shri Vinod Kumar, Additional Government Advocate, Shri Sushal Tiwari, Shri Suryanshu Priyadarshi and Ms. Ananya Rai, Advocates
In W.P. No.4338 of 2022
For the Petitioners:Shri Subhash Jha and Amruthesh N.P., Advocates
For the Respondent Nos.2 and 3:Shri Prabhuling K. Navadgi, Advocate General A/W Shri. Aruna Shyam, Additional Advocate General, Shri Vinod Kumar, Additional Government Advocate, Shri Sushal Tiwari, Shri Suryanshu Priyadarshi and Ms. Ananya Rai, Advocates
ORDER
Ritu Raj Awasthi, CJ.—This judgment, we desire to begin with what Sara Slininger from Centralia, Illinois concluded her well researched article “Veiled Women: Hijab, Religion, and Cultural Practice-2013”:
“The hijab’s history…is a complex one, influenced by the intersection of religion and culture over time. While some women no doubt veil themselves because of pressure put on them by society, others do so by choice for many reasons. The veil appears on the surface to be a simple thing. That simplicity is deceiving, as the hijab represents the beliefs and practices of those who wear it or choose not to, and the understandings and misunderstandings of those who observe it being worn. Its complexity lies behind the veil.”
Three of these cases namely W.P.No.2347/2022, W.P.No.2146/2022 & W.P.No.2880/2022, were referred by one of us (Krishna S Dixit J.) vide order dated 09.02.2022 to consider if a larger Bench could be constituted to hear them. The Reference Order inter alia observed:
“All these matters essentially relate to proscription of hijab (headscarf) while prescribi
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