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Hijab Row: Why did Justice Hemant Gupta justify the ban? Know what was said on the decision of Karnataka High Court

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Two Supreme Court judges have given separate judgments on petitions against the hijab ban in educational institutions in Karnataka. Due to which the matter has been referred to a larger bench. Where Justice Hemant Gupta has upheld the hijab ban. At the same time, Justice Sudhanshu Dhulia quashed the order of the Karnataka High Court to continue the ban. Let us know why Justice Hemant Gupta has justified the ban? By what reasoning has he set aside the order of the High Court?

Justice Hemant Gupta raises 11 questions and justifies the hijab ban
Justice Hemant Gupta said that our opinion is different. 11 questions have been raised in my order. He questioned whether students can be given the right to choose clothes under Article 19, 21, 25? What is the limitation of Article 25? How to define individual liberty and right to privacy? Should this matter be referred to the Constitution Bench? Can the college management take any decision on whether the students wear uniform or hijab? Are fundamental rights being violated by the order of the government? Can the student not exercise his fundamental right because is wearing the right part of the religious practice required under Islam? Does the government order serve the purpose of access to education? According to me the reply is against the appellant. According to me the reply is against the appellant. I dismiss the appeal. In view of the differing views, the matter may be placed before the CJI for appropriate directions.

Who is Justice Hemant Gupta?
Justice Hemant Gupta has been the Chief Justice of the Madhya Pradesh High Court. Justice Gupta has also been a judge in the Punjab and Haryana High Court and the acting Chief Justice of the Patna High Court. After that he was made a judge in the Supreme Court. The retirement age of a judge in the High Court is 62. Supreme Court Justices retire at the age of 65.

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