A Supreme Court bench refused to entertain a petition seeking a uniform dress code in all schools and colleges on Friday. The bench was hearing a clutch of petitions against the Karnataka high court’s order on the validity of the hijab as part of the dress to be worn by Muslim girls in educational institutions. The bench stated that such an order cannot be passed by Courts.
Hindustan Times quoted the bench of justices Hemant Gupta and Sudhanshu Dhulia as saying, “It is not in the realm of the Court to pass such an order.”
A public interest litigation (PIL) was filed by Nikhil Upadhyay the son of Bharatiya Janata Party (BJP) leader and lawyer Ashwini Kumar Upadhyay, seeking a ‘common dress code’ to be implemented by the Centre and states for staff and students in all registered and recognised educational institutions. The petitioner said in his plea that having such a dress code will secure social equality and promote fraternity and national integration.
The bench did not entertain the plea, however, Upadhyay was allowed to withdraw the petition and pursue his remedies by the law.
Senior advocate Gaurav Bhatia who appeared for the petitioner told the Court that the petition does not seek a uniform dress for all schools and colleges but “uniformity and discipline” as it comes within the spirit of the Right to Education Act, 2009. But the bench told Bhatia that the prayer in the petition was not to have uniformity, but for a Common Dress Code. The Court advised the petitioner that “It is better that you withdraw”.