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| | The Legal Needs Network is not currently active and cannot accept new posts | | Too much Ado about ...ummm...Undies !! | Views: 1244 | | Sep 18, 2008 7:33 pm | | Too much Ado about ...ummm...Undies !! | # | 
Ritu | | Today this news,which I found pretty amusing, happened to catch my eyes (via Business Line)
'RIVIERA BEACH — A judge has decided a law banning sagging pants in this town is unconstitutional after a teenager spent a night in jail on accusations he exposed too much underwear.
Julius Hart, 17, was charged last week after an officer said he spotted the teenager riding his bicycle with 4 to 5 inches of blue-and-black boxer shorts revealed.
Hart's public defender, Carol Bickerstaff, urged a judge Monday to strike down the sagging pants law, telling him: "Your honor, we now have the fashion police."
Circuit Judge Paul Moyle ruled that the law was unconstitutional based on "the limited facts" of the case. Technically, however, the charge hasn't been dropped yet: a new arraignment awaits Hart on Oct. 5.
Voters in Riviera Beach approved the law in March. A first offense for sagging pants carries a $150 fine or community service, and habitual offenders face the possibility of jail time.'
~~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)
Private Reply to Ritu | | Sep 24, 2008 4:56 pm | | re: Too much Ado about ...ummm...Undies !! | # | 
Vijay Nair | | ~~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 | | Sep 26, 2008 2:58 am | | re: re: Too much Ado about ...ummm...Undies !! | # | 
SOEB FATEHI | | and about advertising the same . . . yeh to bada toing hain! Private Reply to SOEB FATEHI | | Sep 26, 2008 7:15 am | | re: re: re: Too much Ado about ...ummm...Undies !! | # |
Ritu | | Speaking of Toing (whatever that means) Advertisement...its earlier version showing a woman washing a large size man's underwear (how stupid is that??...the large size din't quite create the impact they had wanted...large size in it was like a fat man's undie,...now why is a fat man's undie crafted for fantasies????)) has been banned...now the newer version showing an orangutan stealing & sporting an underwear is now on the air (with the same bizarre jingles)...which is not banned ...moral of the story???? Private Reply to Ritu | | Sep 26, 2008 2:34 pm | | re: re: re: re: Too much Ado about ...ummm...Undies !! | # |
SOEB FATEHI | | moral of the story? monkeys can do in reality what men cant do in imagination . . .
now this post can be returned to the position of seriousness which it deservesPrivate Reply to SOEB FATEHI | | |
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