Supreme Court Refuses To Entertain Plea Seeking Uniform Dress Code In Schools
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The Supreme Court of India on Friday refused to entertain a petition seeking Common Dress Code in all registered and recognised educational institutions for staff and students.At the offset, a Bench of Justices Hemant Gupta and Sudhanshu Dhulia commented. "This is not a matter which has to come to Court."Senior Advocate Gaurav Bhatia, appearing for the petitioner, however, tried to persuade...
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The Supreme Court of India on Friday refused to entertain a petition seeking Common Dress Code in all registered and recognised educational institutions for staff and students.
At the offset, a Bench of Justices Hemant Gupta and Sudhanshu Dhulia commented. "This is not a matter which has to come to Court."
Senior Advocate Gaurav Bhatia, appearing for the petitioner, however, tried to persuade the Lordships to look into the matter citing that this was a constitutional issue and against the spirit of Right to Education Act, 2009.
"This is a Constitutional issue.. Please come to page 58. Direct a uniform Dress for staff and teachers. Your Lordships may pass any order. Under RTE, there has to be uniformity, there has to be discipline."
He further said that his prayer was not to have one uniform in all schools in the country. But to ensure that there is uniformity.
These submissions did not change the Judges' view.
"This is not in the realm of the Court", the Bench said.
When the Court expressed that it was not inclined to take up the matter, the petitioners sought permission to withdraw the petition which was consequently allowed.
According to the petitioner, Nikhil Upadhyay, a Common Dress Code will secure equality of status and social equality as well as promote fraternity, dignity and national integration.
The cause of action, as per the petitioner, accrued on February 2, 2022, when protests were held in several areas of the national capital against the Hijab curbs in Karnataka's institutions. In this regard, the plea says,
"Petitioner submits 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 practises. It is very essential to introduce a Common Dress Code in all Schools-Colleges to preserve the secular character of educational institutions…"
If this isn't done, tomorrow Naga Sadhus may take admission in colleges and attend the class "without clothes citing essential religious practise", the plea reads.
Apart from promoting uniformity, a Common Dress Code will foster a sense of camaraderie among students coming from different caste, creed, faith, religion, culture and place, the petitioner submits.
Further, the petition states that the injury to public is large because educational institutions accommodate students from various faith, culture and religions. So, it becomes very important to implement Common Dress Code to uphold and give effect to the principle of secularism and promote harmony.
Case Title: Nikhil Upadhyay vs Union of India and Ors | WP [C] No. 115/2022 PIL
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