On Friday, the Supreme Court refused to consider a PIL asking the Centre, states, and union territories to implement a common dress code for educators and students.
The bench of Hemant Gupta and Sudhanshu Dhulia said this shouldn’t be brought to court for adjudication.
A dress code would ensure equality and promote fraternity and national integration, according to the PIL.In a PIL petition, Nikhil Upadhyay’s lawyer Gaurav Bhatia said this is a constitutional issue, so he’s asking for direction under the Right to Education Act.
The counsel retracted the PIL when he realized the bench didn’t want to hear it.
An appeal was filed in connection with the Karnataka ‘hijab’ controversy.
Justice Gupta heads the same bench hearing arguments challenging the Karnataka High Court’s decision to not lift the ban on hijab in schools.
Several lawyers, including Ashwini Upadhyay and Ashwani Dubey, filed the PIL, asking the Centre to set up a judicial commission or expert panel to make suggestions on how students can learn about social justice, capitalism, secularism, democracy, fraternity, unity, and national integration.
Alternatively, as custodians of the Constitution and protectors of fundamental rights, direct the Law Commission of India to prepare a report within three months suggesting steps to secure social equality, promote fraternity, dignity, unity, and national integration,” it stated.
It said schools are secular public places with the purpose of imparting knowledge and wisdom, promoting good health, and contributing to nation-building, not for following essential and non-essential religious practices.
It’s very important to introduce a Common Dress Code in all school-colleges to preserve the secular character of educational institutions, or Naga Sadhus might get accepted to colleges and show up for class without clothes citing essential religious practices,” the complaint said.