The Supreme Court of India set to hear a petition challenging the requirement for lawyers to wear black coats, arguing the attire unsuitable for India’s hot climate. The petitioner claims the mandate causes discomfort and is impractical. The case raises concerns about adapting traditional dress codes to local environmental conditions.
New Delhi: A petition filed in the Supreme Court seeking to challenge the long-standing requirement for lawyers to wear black coats. The petitioners argue that this dress code unsuitable for India’s climatic conditions and call for an amendment to the Advocates Act of 1961.
The petition submitted to the apex court contends that the All India Bar Councils should issue directives to consider the challenges of wearing black coats during the warmer months. It highlights the discomfort and potential health risks associated with this attire in the heat, suggesting that a study should be conducted to explore the impact on health, well-being, and productivity of lawyers.
The petitioners argue that the mandatory black coat requirement should be re-evaluated to better accommodate the diverse climatic conditions across India. They seek to have the court consider alternative dress code options that would be more suitable and comfortable for legal professionals.
Advocate Shailendra Mani Tripathi, who lodged the petition, urged the court to amend the dress code rules to incorporate traditional Indian clothing. He highlighted the intense heat prevalent in the plains, which persists for extended periods, rendering it challenging to adhere to wearing black coats in court.
The persistent heat absorption due to the black colour of the uniform induces significant discomfort and stress, which undermines the productivity of advocates in their active work roles. This petition asserts that such conditions infringe upon advocates’ right to a safe working environment nationwide.
According to the rules framed under Section 49(1)(gg) of the Advocates Act, 1961, the traditional dress code of black robes is mandatory for all advocates appearing before the Supreme Court, High Court, subordinate courts, tribunals, or authorities.
The wearing of an advocate’s gown is optional, except when appearing in the Supreme Court or a High Court. In courts other than the Supreme Court, High Court, District Court, Sessions Court, or City Civil Court, a black tie may be worn instead of bands.
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The petitioner is seeking the following:
- Direction for the Bar Council of India to amend its rules and the Advocates Act 1961 to exempt advocates from wearing black coats and gowns during the summer months in the Supreme Court and High Courts.
- Direction for the Bar Council of each state to amend their rules and determine the specific “prevailing summer” months for that state, during which the black coat and gown requirement can be waived based on the temperature and humidity conditions.
- Direction for the Union of India to set up a committee of medical experts to study the impacts of wearing warm clothing in summer on the health, work capacity, and quality of work for advocates, railway staff, and other employees who have such dress code requirements. The committee should provide a detailed report with recommendations.
- Any other order that the court deems appropriate given the facts and circumstances of the case.
The petitioner previously approached the Supreme Court in 2022 with the same request, but withdrawn that petition to first file a representation before the Bar Council of India.