NEW DELHI: Supreme Court judge Justice Sudhanshu Dhulia, who differed on hijab ban inside classrooms of Karnataka's Pre-University Colleges, said that the Constitution is a document of trust, which the minorities have reposed upon the majority.
We live in a Democracy and under the Rule of Law, and the Laws which govern us must pass muster the Constitution of India. Amongst many facets of our Constitution, one is Trust. Our Constitution is also a document of Trust. It is the trust the minorities have reposed upon the majority, he wrote in his dissenting verdict.
He said it is necessary to have discipline in schools, but discipline cannot not be at the cost of freedom, and dignity.
Justice favoured for allowing reasonable accommodation in this case, which would be a sign of a mature society which has learnt to live and adjust with its differences.
Another question which the school administration and the State must answer in the present case is as to what is more important to them: education of a girl child or enforcement of a dress code!, he asked.
With regard to arguments on essential religious practice, Justice Dhulia said courts are not the forums to solve theological questions and those are not well equipped to do that for various reasons, but most importantly because there will always be more than one viewpoint on a particular religious matter.
