Hegde : Women are vulnerable section of society. And out of them, there are more vulnerable sections. And access to education can you make it conditional.
Hegde : Everything comes down to context. Today, the context is access to education in a govt college. A govt is funded by everyone..
Justice Gupta : No, sorry, only 4% pay income tax.
Hegde : Direct tax, yes. But everyone pays indirect tax. I don't want to join issue here.
Justice Gupta : Golf courses are leased out by govts, the point is, in some public spaces you have a dress code. In some restaurants, you have a formal dress code, in some you have a casual dress code.
Justice Gupta : If you go to a Golf Course, there is a dress code. Can you say I can wear the dress I like there?
Hegde : Golf course is a private property.
Justice Dhulia : Golf course is a public space.
Hegde : Bar Council prescribes a dress code. If I can conform with the dress code in accordance with my dignity and privacy, may be according to my cultural sensibilities, can you say you cannot address the court unless you wear it in the same way.
J Gupta : I remember a news a lady advocate came in a jeans and it was objected to saying you can't wear a jeans.
Hegde : It was Chandrachud senior.
J Gupta : I don't know. But technically can the woman say you can't bar me for wearing a jeans.
Hegde : Can you tell a girl, I'm sorry using a wrong phrase, a grown up women, that you will have no control over your own concept of modesty and say you cannot wear a chunni..
Hegde : If you look at the Act and say you have no power to exclude somebody from class for not conforming to a uniform code,..the uniform codes for girls in most colleges prescribe a salwar kameez with a dupatta.
Justice Gupta : What is the your preliminary objection.
Hegde : If any case can be decided on purely statutory grounds, without going into constitutional grounds, then that is the better course.
Hegde : If under the rules, can you debar someone from class for wearing a particular style of dress? If the education of women be made contingent on not wearing a particular dress?