Returning To Standard School Practices

The recent projections on the coronavirus pandemic made worldwide by WHO, IMF and even by the Government of India indicates that the Covid-19 pandemic is here to stay. This however also means that Schools will continue to function in the online/virtual mode of teaching whereby the children are suffering as what is missing is the complete school set up at their respective homes. 

As a result of the never-ending pandemic, there is a deviation from the standard school practices as the complete school setup is not replicated at the student’s home. Students are now not being asked to follow their dress code, which they used to in the physical mode of learning. This has resulted in a failure to create the atmosphere required by a child to learn and grow in his or her early years of life. Following a dress code is essential, whatever the mode of learning may be, to make the children feel as if they are in the classroom/school itself. The dress code in Government schools gives a sense of equality to a child coming out of a humbler background for whom the dress given by the State Government is a symbol of identity and at times it’s the only pair of clothes which the child has for special occasions as well. While Private Schools across Delhi are asking the children to come to the virtual class in uniform the Government Schools have simply left the children with an uncertain, incomplete career progression. 

A habit as simple as following a dress code daily in school helps in creating a discipline and also creates a sense of positive impact on the psychological behaviour of a child which helps him to focus and develop more. If you inculcate these habits on a daily basis and if you leave them in between for a year or two, which is the ongoing case, the discipline breaks and becomes a part of the student’s entire lifespan as well as his/her career. 

Even our country’s constitution protects the poor and the needy. The Constitution of India under Article 21 guarantees the Right to Life and also the Right to Employment. The Covid-19 pandemic has had a huge impact on the livelihood of businessmen dealing in various kinds of trades related to Schools. This includes the shopkeepers dealing in School Uniforms, textbooks/notebooks, Stitching workers, Hosiery workers, salespersons, Fabric suppliers, Tie/Belt/Socks/School Shoes and bags manufacturers, their workers, delivery persons, van drivers and many more. Despite this, the traders are forced to pay rent, electricity bills, taxes, commercial taxes, salaries to employees etc. over a period of 2 years since the pandemic began in 2020. The State of Delhi needs to urgently address the problem of small traders, shopkeepers, who are suffering on the above counts without any protest for almost one and a half years. The affected small enterprises' families which are thousands in number will be pushed to extreme poverty and despair if the State will not work towards normalcy of school education even during the online platform. 

Moreover, The Right to Education guaranteed by the Constitution as a Fundamental Right under Article 21A is also compromised by the improper education being received by the children in the online mode. The schools are functioning in a complete manner in the online mode and are thus charging the fees from the students but many of them are not ensuring that complete dress code is to be followed as is being done by a few Private schools like DPS and Sanskriti in Delhi. Government schools of Delhi should also follow the same set of standards as in recent years, in terms of providing the education they have been par with the Private Schools.  

The Right to Equality under Article 14 of the Indian Constitution is also affected since wearing a dress code ensures that everyone is treated uniformly and equally. 

Recently, even the Indian Judiciary has laid down various examples of the importance of following a proper dress code during virtual/work from home. It is very clear that courts despite knowing that lawyers have financial stress, various challenges still the dress code for court appearances were of utmost concern for the entire Judiciary across the country. Courts have passed orders accounting for zero tolerance on this count from time to time during the entire pendency of the pandemic so far. 

The Allahabad High Court on July 2nd, 2021 observed that Advocates appearing for court hearings through video conference while driving scooters, lounging on the bed, wearing colourful clothes or putting on a face pack cannot be accepted. The dress code is to be strictly followed by lawyers while appearing before a virtual court. 

Similarly, a fine of Rs 500 was imposed on an Advocate for not wearing a neckband during the online hearing by the Orissa High Court where it was observed by Justice S.K. Panigrahi that “Every profession has a certain dress code and people belonging to the particular profession are recognised by their attire. The lawyers’ dress code is governed by the rules prescribed under the Advocates Act, 1961, making it mandatory for lawyers to wear a black robe or coat with a white shirt and white neckband.” Not only this, a proper dress code is mandatory even during official/video communications via the virtual platforms in all corporate offices during work from home. This shows how important it is to follow a proper dress code to be disciplined in life.

Hence, both the Right to Life which includes the Right to effective employment as well as Right to Complete Education which includes the Right to Correct Education would be sacrificed if the Delhi Government fails to intervene and take urgent steps to bring back Government schools across Delhi at par with Private schools so far as compulsory dress code followed in the pre-pandemic time is now implemented without any further delay. If this type of correct upbringing of the students is ensured, no additional burden would be created on the school infrastructure.

Sudhir Mishra

Guest Author The author is Founder and Managing Partner, Trust Legal.