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Bar Council Of India Constitutes 5 Member Committee To Look Into The Issue Of Dress Code For Lawyers
Sparsh Upadhyay
12 April 2022 8:16 AM GMT
The Bar Council of India has informed the Allahabad High Court that it has constituted a five-member committee to hold discussions and conduct deliberations with the bar and the judiciary on the issue of dress code for lawyers.The BCI has made this submission responding to a notice issued to it by the HC on a plea moved before the Court seeking a ban on the existing dress code of black coats...
The Bar Council of India has informed the Allahabad High Court that it has constituted a five-member committee to hold discussions and conduct deliberations with the bar and the judiciary on the issue of dress code for lawyers.
The BCI has made this submission responding to a notice issued to it by the HC on a plea moved before the Court seeking a ban on the existing dress code of black coats and robes prescribed for lawyers alleging that the same is against the climate conditions of India.
It may be noted that in July 2021, the Bench of Justice Devendra Kumar Upadhyay and Justice Ajai Kumar Srivastava had directed the Centre and the high court administration to file their respective responses on the plea by August 18.
The plea has been moved by party-in-person Ashok Pande who has also urged the Court to direct the framing of new rules prescribing the advocates' dress as per the climatic condition of the country.
In its response, the BCI has submitted that in a meeting of the General Council of the Bar Council of India dated August 1, 2021, the Council had resolved to constitute a 5-Member Committee to have detailed deliberations on the issue raised in the PIL and furnish its report to the Council.
Referring to the averments made in the plea, the BCI has stated thus:
"In fact, the petitioner has stated that the band is a symbol of Christianity and should be discontinued as per his statement non Christians can't be compelled to wear it. He has questioned wearing of coat à nd gown too. At the time of framing the rules and neither today till date has it been given this kind of an interpretation. The issue rèquires detailed deliberations with all stakeholders including senior members of the Bar and the Judiciary before the issue can be decided."
About the Plea
The PIL has also sought quashing of a circular framed by the high court administration, which mandates wearing black robes for appearing before the court.
The plea also prays that the judges of all courts, tribunals, authorities or any other person to be prohibited to follow the dress code prescribed for the Advocates by the Bar Council of India Rules, 1975
Significantly, the plea avers thus:
"The dress code prescribed for the Advocates where they are to wear coat and gown and tie their neck through a band is not as per the climatic conditions…the Advocates Band is the religious symbol of Christianity and so the non-Christians cannot be compelled to wear a symbol of Christianity…wearing of white sari and salwar-kameez is the symbol of widow ladies as per the Hindu culture and tradition and so there is no application of mind on the part of BCB"
The petitioner has challenged the provisions of the fourth chapter of the BCI Rules, 1975 framed under section 49(i)(gg) of the Advocates Act 1961, alleging that the same are ultra vires (beyond the powers) to the Constitution, violating articles 14, 21 and 25.
Criticizing the dress code, the petitioner has said that the Bar Council should design some dress code for the lawyers on the pattern of dress code provided for army, navy, air-force
