The Allahabad High Court has cautioned employers against compelling employees to wear Santa Claus red caps, holding that such instructions can hurt the religious sentiments of people belonging to different faiths.
Justice Saurabh Srivastava made the observation while partly allowing an application filed by Vikram Singh alias Vishwa Vikram Singh, who had challenged criminal proceedings arising from a case registered under Sections 298 and 504 of the IPC, now Sections 298 and 352 of the BNS, at Sadar Bazar police station in Agra. The applicant had sought quashing of a charge sheet dated 20 September 2023 and a summoning order dated 21 December 2023 passed by the Chief Judicial Magistrate, Agra.
While examining the record, the court noted an instruction by the superior authorities of a store, “V Bazar”, requiring staff to wear Santa Claus red caps. The judge observed that the documents showed compulsion had been created and that such action was not permitted in a democratic system where every citizen is free to follow their faith. The court warned the applicant and his superiors not “to repeat this type of instructions”, which it said could disturb a peaceful and harmonious workplace.
The court also set aside the summoning order against Singh, holding that the offences were non-cognizable and that the police report ought to have been treated as a complaint case. The application was accordingly partly allowed.
The order adds to a series of disputes in India over festive dress codes at workplaces and in schools, where questions of religious sentiment and employee choice have surfaced during the Christmas season.
