UNIFORMITY AND IDENTITY: THE BATTLE OF RIGHTS AND DUTIES IN INDIAN CLASSROOMS

AUTHOR – SHUBHASHISH DWIVEDI, ADVOCATE, HIGH COURT OF DELHI

(L.L.B., UNIVERSITY OF DELHI & L.L.M. IN CRIMINAL AND SECURITY LAWS, BBD UNIVERSITY)

BEST CITATION – SHUBHASHISH DWIVEDI, UNIFORMITY AND IDENTITY: THE BATTLE OF RIGHTS AND DUTIES IN INDIAN CLASSROOMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 488-492, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This paper interrogates the constitutional and philosophical tensions underpinning the recent hijab controversy in Indian educational institutions, particularly within the framework of school uniforms, religious freedoms, and institutional autonomy. Drawing on Nassim Nicholas Taleb’s “Minority Rule” theory, the article explores how uncompromising identity assertions by a small group can reshape public institutions, testing the delicate balance between individual rights and collective discipline. The analysis situates the hijab dispute in Karnataka within broader constitutional jurisprudence, tracing landmark decisions to contrast institutional neutrality with evolving notions of personal liberty under Articles 19, 21, and 25 of the Indian Constitution.

By critically examining the judiciary’s attempts to navigate the “essential religious practice” doctrine, secularism, and educational autonomy, the article underscores the pedagogical role of uniformity in nurturing egalitarian learning environments. It argues that while religious expression is constitutionally protected, it must yield—particularly in schools—to the higher goals of inclusivity, discipline, and neutrality. Ultimately, the paper cautions against transforming schools into arenas of identity politics, urging a recalibration of rights and duties in accordance with India’s constitutional ethos of unity in diversity.