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Legal Needs
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| Sep 24, 2008 4:56 pm |
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re: Too much Ado about ...ummm...Undies !! |
Vijay Nair
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~~To me the Law banning clothings that shows peoples inner lives seemed pretty reasonable but obviously the Judge happens to think otherwise. (Afterall there is a reason why this particular peace of clothing is called underwear)
~~Are there any similar Laws in India banning any particular item of clothing??
~~If not, can one challenge a private institution's protocol requiring one to dress up in a certain way??
(ofcourse assuming that by doing that one doesn't necessarily want freedom to flash undies in the institute)
Of course, we have to see it from an Indian perspective. Evolving Societal norms have proven that Judges have moulded laws to suit the times. Many landmark judgments are witnesses to this evolving process. May be in the near future New Delhi and Riviera Beach might not be to much far.
The ban on clothing in India insofar as I can remember are guided by two factors, obscenity, mischief and national signs/colors/emblems.
There is a reason behind prescription of uniforms or a particular clothing to be worned by institutions. When such reason defies logic and becomes more of a burden than comfort, it becomes amenable to challenge.
The Madras High Court has, in Sir M. Venkata Subba Rao -vs- Sir M. Venkata Subba Rao [2004 (2) LW 205], held as under:
"13. The next question to be considered is, how far the imposition of dress code would be reasonable. As we have emphasised the need for education and correspondingly the responsibility of a teacher in bringing up a student to be useful to the nation, we consider that the Court would be very slow in interfering with the internal administration of the management of the school, more particularly, in the matter of discipline. We have already traced out the power of the management to issue circulars prescribing dress code. A perusal of the circular reveals that the dress code is uniformly made applicable to all the teachers. We do not find any discrimination in this regard. Regulation of a dress code is only to maintain uniformity in discipline. In the absence of any discrimination, we do not find that the dress code could be called as unreasonable restriction warranting any challenge before this Court. Hence, we do not find any merit in the submission of the learned counsel for appellant that the dress code is unreasonable."
Vijay Nair, Partner
KNM & Partners, Law Offices
http://www.knm.in/Private Reply to Vijay Nair (new win) |
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