No One Can Dictate What A Citizen Should Wear: Kerala High Court

The Kerala High Court recently observed that no one or society as a whole can dictate how a citizen should dress without the backing of the law. This is a part of the fundamental rights of every citizen, said the court.

Court was dealing with a writ petition filed by a headmistress of a school who alleged that, on the direction of the school Manager, she was barred from entering the school for wearing a churidar instead of a saree.

The bench of Justice P V Kunhikrishnan observed that "clothes may express culture, comfort and individual choice, however, they cannot ordinarily become a measure of a person’s worth or dignity".

"The Constitution does not make a woman's dignity contingent on her conformity with another person’s preferred mode of attire. Dress is a personal choice. No one can restrict it, and no one can dictate which dress an individual must wear," court stressed.

Court said that the dignity and cultural tradition of an attire should be decided by the person concerned, not by society.

Dispute over wearing churidar instead of a saree

In her petition, Sindhu S Nair, 50, Headmistress of Eeswara Vilasom High School in Kottarakkara, stated that the school Manager, Suresh Kumar (the 6th respondent), entered her office on February 3, 2026 and told her she must not wear a churidar to school. She alleged he summoned a security guard in her presence and told him not to let her in if she did.

On February 4, the guard stopped her at the gate for wearing a churidar. She complained to the Station House Officer, Kottarakkara, who helped her enter the premises. An FIR was later registered against the Manager.

The Headmistress relied on a 2015 circular of the General Education Department that permits teachers to wear a churidar.

The Manager denied the allegations in a counter affidavit, calling the account a "fabricated story". He said he never imposed a dress code or authorised security staff to check the Headmistress's attire, and claimed she had made up the story to cover up her own dereliction of duty in disciplinary proceedings.

High court on choice of dress

Justice P V Kunhikrishnan held that the Manager "could not interfere with the petitioner's choice of attire, especially when the churidar was permitted as per the 2015 circular.

Court, however, discussed that the dispute was larger than mere clothing. "This case is not a contest between a saree and a churidar," Justice Kunhikrishnan stated. The question, he said, was whether a Manager can turn "his personal notion into a binding command".

Court observed that a saree may be graceful for one person, but its dignity "cannot be converted into a compulsory uniform by force of individual preference". It added that a churidar, worn decently in a professional setting, does not diminish a Headmistress's "competence, decorum or authority".

Court said the dignity and cultural tradition of an attire should be decided by the person concerned, not by society.

"Therefore, I am of the considered opinion that no one can dictate that a person should wear a particular attire unless there is backing of law in connection with the dress code of an institution or other establishment," Justice Kunhikrishnan wrote.

Directions

Court directed the SHO, Kottarakkara, to ensure that the Headmistress enters the school premises freely, without obstruction from the Manager, for as long as she is in service. This continues an interim order of February 17 granting police protection.

Court, however, declined to comment on the Headmistress' prayer to disqualify the Manager, or on his counsel's submission that she was derelict in duty and had been issued several notices. Competent authorities, it said, may act in accordance with law after hearing both sides.

The petitioner was represented by advocates Syam J Sam and Daniel Mathews Koshy. The Manager was represented by advocates V A Muhammed and M Sajjad.

Case Title: Sindhu S. Nair v. Secretary, General Education Department & Ors.

Bench: Justice P.V. Kunhikrishnan

Order dated October 5, 2026