Hijab Row: PIL In Supreme Court Seeks Common Dress Code In Educational Institutions

In the backdrop of protests against the hijab ban in colleges in Karnataka, a law student has moved the Supreme Court seeking directions to the Centre and States to strictly implement Common Dress Code in registered and State recognized Educational Institutions. The direction has been sought in order to secure social equality, assure dignity and promote fraternity, unity and national integration.

The PIL filed by Mr Nikhil Upadhyay through Advocate Ashwini Kumar Dubey has sought directions to the Centre to constitute a Judicial Commission or an Expert Committee to suggest steps to inculcate the values of social-economic justice and socialism secularism and democracy and to promote fraternity dignity unity and national integration among the students.

"The Petitioner has submitted that educational institutions are secular public places and are meant to impart knowledge and wisdom employment, good health and contribute to nation building, not to follow essential and non-essential religious practices." the PIL states 

As an alternate relief, the petition has sought directions to the Law Commission of India to prepare a report suggesting steps to secure social equality and to promote fraternity dignity unity and national integration within 3 months

According to the petitioner, the cause of action of the present case accrued on 10.2.2022, when protests were held in several areas of the national capital against the hijab curbs in Karnataka.

According to the petitioner, It is very essential to introduce a Common Dress Code in all Schools-Colleges to preserve the secular character of educational institutions, otherwise tomorrow Naga Sadhus may take admission in colleges and attend the class without clothes citing essential religious practice.

According to the Petitioner, the role of universal education for strengthening social fabric of democracy through provisions of equal opportunity to all has been accepted since the inception of our republic, and a Common Dress Code is essential to curtail the biggest menace of casteism, communalism, classism, radicalism, separatism and fundamentalism.

Petitioner submits that Common Dress Code brings homogeneity and homogeneity brings a sense of equality. Thus, common dress code is important in educational institutions because these are places where there must not be any type of discrimination.

Case Title: Nikhil Upadhyay vs Union of India & Ors