Forcing married candidates to remove "Thaali", metti, studs etc. to write NEET violates religious rights, dignity: Advocate moves Madras HC

After married women were made to remove their thaali (sacramental chain worn by married women) before being allowed to write the NEET this year, a plea has been moved in the Madras High Court challenging the dress code imposed by the National Testing Agency (NTA) for the medical entrance exam..The petition moved by Chennai-based Advocate S Aravind Raj asserts by forcing married women to remove their thaali to write the exam, their religious rights, personal sentiments and dignity has been violated. His petition states, ."... married women were forced to remove their Thaali (Mangal Suthra), Metti, studs, Nose Screw which are sacramental ornaments for Hindu women according to their Sentiments/ Customs. According to the Hindu Religion 'Thaali' is the most important ornament and the symbol of marriage and the wife is expected to wear it all through her life indicating that she is a married woman. It conveys the love and affection of the husband and wife having towards each other. According to the Hindu Custom, it should be removed only after the death of the husband. That is the reason even in all international airports all over the world, ‘Thali’ is not required to be removed during their security check, as it is a religious symbol for the sacramental bond and high Hindu religious value.".In focus is Chapter 8 of the guidelines published this year for the conduct of the National Eligibility Cum Entrance Test (NEET) this year, which deals with barred items and dress code. .Apart from informing candidates that there will be extensive and compulsory frisking, these provisions also state that, Light clothes with long sleeves are not permitted. In case candidates come in cultural/ customary dress at the Examination Centre, they should report at least an hour before the last reporting time so that there is enough time for proper frisking without any inconvenience to the candidate while maintaining the sanctity of the examination (Clause 8 (2) (a)).Ornaments/metallic items are prohibited (Clause 8(1)(e))..Stating that similar torture may be continue in the future also, the petitioner has now challenged these provisions as unconstitutional before the Madras High Court on the following contentions:The conditions stipulated are very vague and very general, leaving the students (especially in the State of Tamil Nadu) to suffer a great agony in the name of checking/ frisking just before the stressful examination. Even calm and composed students are pushed to very uncomfortable and disturbed state of mind.In the name of the checking/ frisking, the students are put to all kinds of rigorous tortures due to the dress they wear. Female candidates were harassed to the greatest extent, just an hour before the examination.Hindu married women in India strongly believe that the wearing of Thaali is a sacramental aspect and part of their religious belief. By forcing students to remove “Thaali” and commit such anti-religious acts, the candidates are put to unimaginable mental agony and great hardships, just few minutes before the exam. The act of the testing authorities violates fundamental rights guaranteed under the Indian Constitution.Similar tortures have been repeatedly happening from 2017 and it is very likely to continue in future also. Such inhuman, irreligious, heartless tortures must be ended. The examination halls are fitted with CCTV Cameras and invigilators are always present to ensure the proper conduct of the exam. Therefore, the torture meted out to the candidates in the name of security should be endedConditions requiring women to wear a dress of certain colours and forcing them to remove their sacramental thaali, metti, earrings, nose rings are unlawful, arbitrary and violative of religious rights guaranteed under Article 25 of the Constitution. The removal of the ornaments is unreasonable when there are CCTV cameras and physical vigilation being conducted inside the exam halls. The Supreme Court has categorically held that forcing a person to remove the personal attire is not permissible as the same adversely affects human dignity as enshrined in Article 21 of Indian Constitution. The act of forcing a student to appear 3 hours in advance to the examination centre is an abuse of the process of law. A maximum of one full hour would be more than sufficient to complete all the security protocols, the petitioner adds, while indicating that students were asked to come to the examination centre 3 hours before.The petitioner has also raised a grievance that students were allotted exam centres as per the convenience of the testing authorities, in far off places. .Ultimately, the petitioner has urged the High Court to declare Clauses 8(1)(e) and 8(2)(a) contained in Chapter 8 of the National Eligibility Cum Entrance Test (UG) - 2020 guidelines as unconstitutional, unreasonable, arbitrary and violative of fundamental rights.