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Synopsis

The Chief Justice of India, Justice NV Ramana, while refusing to list a Public Interest Litigation plea by a Law student Nikhil Upadhyay for a common dress code in educational institutions asked his counsel Adv. Ashwini Upadhyay, “Is the parliament not functioning?”

The CJI further told Upadhyay that a PIL cannot be filed on every aspect this way.

The plea was mentioned before the Supreme Court by Adv. Ashwini Upadhyay. He asked the court to list the plea along with the batch of petitions challenging the judgment of the Karnataka High Court in the Hijab case.

The petition stated that the common dress code not only reduces violence but also promotes a more positive educational environment. It reduces other forms of violence that occur due to socio-economic differences.

It was further stated that "in the US, UK, France, Singapore and China, all schools and colleges adhere to a common dress code despite frequent challenges to the constitutionality of dress guidelines. Most court rulings support the common dress code because the use of common dress code has many benefits.”

The petition read, "According to a survey, around 2,50,000 guns were brought in schools and colleges in 2018. So, having a common dress code that requires a student’s beltline exposed reduces the fear of a concealed weapon.”

Listing down several other benefits of introducing a common dress code, the plea sought directions to:

• Strictly implement a common dress code for staff and students in all registered and recognized educational institutions;
• Constitution of 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;
• 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