Constitutional Law14 Jun 2026 · 9 min read

Gendered Dress Codes in Educational Institutions

Schools and colleges are intentionally created as institutions that promote education, justice, and equality. They are intended to represent and sustain values like non-discrimination and equality.

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Tanya Chahar

Guest Contributor

Gendered Dress Codes in Indian Educational Institutions: Equality, Dignity, and Gender Justice

Introduction

Schools and colleges are intentionally created as institutions that promote education, justice, and equality. They are intended to represent and sustain values like non-discrimination and equality. However, as often occurs in numerous Indian educational institutions, they tend to reinforce the same societal inequalities that they intend to overcome. One such instance of this phenomenon in everyday life includes gender differences regarding dress code among male and female educators and learners. There is hardly any strict enforcement concerning the attire for male teachers and learners, while there is rigorous surveillance over the appearance and comportment of women.

Most educational institutions in India have specific dress codes for men. Men are required to dress formally, including shirts and trousers. This type of dress code symbolizes authority in society. On the other hand, women are expected to wear sarees or any other traditional dress code representing modesty and cultural dignity. This kind of dichotomy represents the patriarchal perception that male bodies are neutral and professional by nature. Meanwhile, female bodies require institutional management and control. Dress codes for women are constantly framed within the context of preserving culture, but no comparable pressure is imposed on men.

This essay discusses gendered dressing in Indian schools through a socio-legal and feminist perspective. The study examines constitutional equality and dignity and expression rights through an analysis of court rulings and international dress code applications which demonstrate that dress codes operate as tools for gender discrimination. The study concludes by recommending practical changes which will establish a dress code policy that maintains gender neutrality and protects human dignity.

II. Dress Codes as Instruments of Gendered Control

Dress codes appear as neutral professional standards but they contain hidden gender biases. Women receive instructions to dress "appropriately" because they need to prevent "distracting" students and colleagues. The framing assigns responsibility for institutional order to women's physical appearance and their decisions instead of the people who claim to be distracted. The system does not only show current social bias because it maintains existing prejudice by treating women's physical appearance as an institutional matter which does not apply to men's physical appearance.

The saree serves as the main point of contention in this argument. The saree functions as a cultural symbol that represents both traditional values and dignified status which people consider as the proper work attire for women teachers. The research conducted by scholars proved that the saree functions as a complex cultural element which combines elements of both cultural identity and gender expression. Women select this garment to express their cultural identity from their ancestral background yet when authorities impose it as a requirement, it transforms their individual decision into an enforced institutional policy. The garment serves as proof of adherence to rules instead of showing the wearer's personal identity. The requirement to wear sarees as a mandate brings about operational difficulties because it limits teachers' ability to move freely which impacts their professional performance.

Research in South Asian contexts shows that modesty requirements function as a form of social control over women's bodies. The organization assesses women's professional status based on their physical appearance which must match traditional standards of feminine beauty. Feminist scholars have shown that educational institutions create a sexualized environment through their policy which requires women to dress in a way that prevents any potential distraction from their studies. The system requires women to control how others react to their physical appearance. The system places an unequal ethical obligation on women while it supports a patriarchal definition of what professional behavior should resemble.

III. Constitutional Framework: Equality, Expression, and Dignity

The Indian Constitution provides a solid foundation to challenge regulations that require different dress standards for men and women. Article 14 guarantees equality before the law. The Supreme Court has said that Article 14 does not allow arbitrary interference with personal choice. The court established in Navtej Singh Johar v. Union of India, (2018) 10 S.C.C. 1, that constitutional morality holds greater significance than social morality. The rules which focus on traditional modesty standards for women need constitutional evaluation because they require assessment according to modern legal principles instead of historical customs. The article prohibits all forms of discrimination because it protects individuals from being treated differently based on their sex while also extending protection against hidden discrimination methods. In Joseph Shine v. Union of India, (2019) 3 S.C.C. 39, this statute was struck down. The statute treated women as being lesser morally. This shows that the Constitution does not allow rules that support patriarchal thinking. Dress codes that expect women to show “modesty” without placing similar expectations on men raise the same concern.

Clothing can also be a form of expression. Article 19(1)(a) protects freedom of expression, including non-verbal forms. Limits under Article 19(2) must be reasonable and applied fairly. The Court in Bijoe Emmanuel v. State of Kerala (1986) 3 S.C.C. 615 held that silent conduct may also be a form of expression protected under the Constitution.

Personal choice, autonomy, and dignity are meant to be protected by Article 21. It has been held in Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 S.C.C. 1, that privacy involved very widely equal to personal liberty is a fundamental right. Because of that, severe or unequal dress requirements can be legally questionable.

IV. Judicial Interpretation and Indian Case Studies

Indian courts have consistently indicated that restrictions based on gender stereotypes cannot hold up constitutionally. In Anuj Garg v. Hotel Ass’n of India, (2008) 3 S.C.C. 1, the Supreme Court struck down a provision of the Punjab Excise Act, 1914, that barred women from working in establishments serving alcohol, citing protection and moral safety as justifications. The Court found that laws which depend on traditional female role assumptions cannot withstand constitutional examination and that the State must provide support for women's professional equality instead of using paternalistic logic to exclude them.

The court in Swati Purkait v. State of West Bengal (2015) ruled that constitutional equality requires examination of how institutional policies impact people instead of using their declared intentions as the sole measure. A real-world example of how dress regulation functions as a mechanism of gender control is found in the case of Chaitali Samanta v. School Authorities in East Midnapore, West Bengal, where a teacher faced sustained institutional pressure over how she dressed.

The active discussions in India started because these conflicts remained unresolved. In Kerala, many schools required female teachers to wear sarees as a condition of their professional conduct, framing it as upholding discipline and cultural heritage. Female educators pushed back against the dress code system, which required women to use specific professional clothing. The demonstration of organized resistance shows how such actions have the power to change established institutional standards. In Tamil Nadu, female teachers faced informal disciplinary pressure for wearing churidar-kameez instead of sarees, with no equivalent scrutiny applied to male colleagues. The government advisory in Maharashtra recommended teachers to refrain from wearing casual clothes because the advisory established dress standards which would predominantly affect female teachers.

V. Global Perspectives

Gendered dress codes exist as an international practice which extends beyond the boundaries of India. In Indonesia, public schools required their female students and teachers to wear jilbab according to religious and cultural dress standards. The government issued a ban on mandatory religious clothing for public schools in 2021 to establish that students should have the right to choose their own dress. In the United Kingdom, campaigns against policies requiring girls to wear skirts challenged the reinforcement of gender stereotypes, and several schools revised their policies to allow greater choice. In Vietnam female teachers faced disciplinary action because of their choice to wear skirts. Educators made their argument that professional standards should depend on a teacher's professional abilities instead of their clothing choices. Saudi Arabia's gradual relaxation of mandatory abaya requirements shows how deeply entrenched dress norms can shift when societies acknowledge that restrictive clothing mandates conflict with professional participation.

All these contexts show a single result which shows that dress codes which use professionalism and cultural heritage as their basis create exceptional burdens for women. Research has found that a teacher's professional competence and teaching skill matter far more to students than whether the teacher follows a strict dress standard. The evidence shows that institutional dress code rules serve to enforce gender-based social control rather than supporting their official institutional purposes.

VI. Toward Gender-Just Dress Code Policies: Proposals for Reform

The arguments outlined above provide sufficient justification for reforms in dress codes within educational institutions. There are five major guidelines that should be followed during reformulation of the current policies.

First, institutions should adopt a gender-neutral framework of acceptable clothing practices. In other words, there is no need to prescribe the wearing of sarees by women and leave men to their discretion; on the contrary, both genders should adhere to certain common principles of professional conduct.

Second, the institution's approach towards dressing up should give preference to comfort. Teaching jobs require many hours of work and continuous contact with pupils and thus cannot afford an exaggerated emphasis on the symbolism and representation of tradition.

Third, institutions should formulate clear and officially stated dress code policies. The controversies outlined in this essay emerged primarily because of the lack of formalized criteria for acceptable clothing styles which gives much leeway to gender bias.

Fourth, administrators responsible for formulating the relevant policies need gender-sensitization training. The people in charge of evaluating clothing habits of employees might be unconsciously perpetuating discrimination against women because of their ingrained ideas about gender roles.

Last but not least, dress code policies should emerge from consultations with teachers and be formulated by them, and not the other way around.

VII. Conclusion

The implementation of gender-specific dress requirements in Indian schools operates as an essential element of administrative governance. The space functions as an arena where people battle for control over gender issues and power dynamics and personal freedom to make choices about their bodies. When educational institutions impose strict standards for women's modesty and feminine appearance while permitting men to dress as they choose, these institutions create a system that upholds patriarchal values which they should work to overcome.

The constitutional framework, which establishes equality rights and prohibits discrimination and ensures freedom of expression and protects personal dignity, serves as the fundamental foundation for modernizing these existing practices. The courts have consistently determined that gender-based criteria should not be used to restrict women's access to various professional fields. The practice of gender-specific dress codes exists throughout both India and international contexts, yet the implementation of equality standards leads to successful reforms when organizations adopt genuine equality practices.

The fundamental issue revolves around whether educational institutions will fulfill their constitutional obligation to provide equal opportunities or whether they will utilize dress codes, which appear ordinary, to control women's physical appearance and selection of clothing and their professional identity according to patriarchal societal norms. The answer to this question needs both legal changes and a thorough cultural examination of the fundamental beliefs that dress code regulations establish and maintain.

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Tanya Chahar

Guest Contributor

Contributor to the Empoweress collection.

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