NEW DELHI: The Supreme Court on Friday declined to entertain a plea for directions to the central and state governments to implement a common dress code in all registered and State recognised educational institutions across the country.
A bench of Justices Hemant Gupta and Sudhanshu Dhulia said the issue does not fall within the realm of court, after a brief submission by senior advocates Pinky Anand and Gaurav Bhatia on behalf of the petitioner.
The PIL was filed by 18-year-old Nikhil Upadhyay against backdrop of hijab row in Karnataka's Pre University Colleges.
The counsel submitted there has to be uniformity and common dress for teachers and students as per the Right to Education Act.
The bench, however, said this is not a matter which has to be decided by the court.
On this, Bhatia sought permission to withdraw the plea which was allowed by the court.
It is noteworthy that this bench is separately examining a batch of petitions against the Karnataka High Court's March 15 judgement that upheld ban on hijab in Pre-University Colleges.
The plea by son of BJP leader and advocate Ashwini Kumar Upadhyay claimed that a uniform dress code in educational institutions is essential to secure social equality, assure dignity and promote fraternity, unity and national integration.
"Common Dress Code is not only necessary to enhance the values of equality, social justice, democracy and to create a just and humane society but also essential to curtail the biggest menace of casteism, communalism, classism, radicalism, separatism and fundamentalism," the plea said.
The plea also pointed out, in countries like United States of America, United Kingdom, France, Singapore and China, all schools and colleges adhered to common dress code, despite frequent challenges to the constitutionality of dress guidelines.
It also contended that dress codes have the ability to make students stop fidgeting, stop thinking about why their friend is getting more attention for their looks instead of them, and create a carefree attitude.
The PIL was filed when a row was raging in Karnataka after girl students protested against the ban on hijab in Udupi district, hogging national and international headlines.
