NEW DELHI: The Supreme Court on Tuesday refused to entertain a PIL filed by a lawyer, seeking directions to amend the rules and the Advocate Act 1961 to exempt advocates from wearing traditional black coats and gowns during the scorching summer heat. The petitioner claimed that making lawyers wear black coats in summer was unsafe.
"Ultimately it is a matter of decorum. You should be properly attired. You have to wear something. You cannot argue in ‘kurta pajama’ or shorts and T-shirt also," remarked the three-judge bench of the top court, led by Chief Justice of India D.Y. Chandrachud, and Justices J.B. Pardiwala and Manoj Misra.
The bench, however, permitted the petitioner, lawyer Shailendra Mani Tripathi, who filed the PIL in his personal capacity, to submit a representation to the Bar Council of India (BCI), state bar councils, and the Centre on the issue. They advised him to approach these bodies, which may decide on the matter.
In his petition, Tripathi argued that the prescribed dress code for advocates is not suitable for the Indian climate. "Wearing a warm coat like a blanket in summer is no less than any torture. The climate of India is full of diversity. High temperature and humid weather prevail almost throughout the year in most parts of India. Wearing warm clothes in such weather affects work efficiency, which directly affects the quality of justice," Tripathi stated in his petition.
The petition also sought a direction to the state bar councils to determine the 'months of prevailing summer' for each state in order to exempt the wearing of black coats and gowns during those months.
Additionally, Tripathi requested the formation of a committee of medical experts to study how wearing warm clothes in summer affects the health and work quality of advocates, and to suggest recommendations accordingly.
Tripathi urged the Supreme Court to consider relaxing the traditional dress code for advocates, arguing that it could cause hardships and health issues due to the growing intensity of summer heat.
The petition further highlighted that the British-origin dress code of black coats and gowns did not take into account the country's varied climatic conditions.
"The continuous absorption of heat by the black colour of the uniform causes much irritability, duress and is counterproductive for the active work profile of advocates. This, the petition states, is violative of the right to safe working conditions for advocates across the country," Tripathi argued in his filing.
He also noted, "The judicial infrastructure is very weak in rural districts and remote areas of the country. Advocates have to work under thatch in the shade of trees or even under the open sky."
Pleading to the court for appropriate directions, Tripathi emphasised that everyone has the right to work in safe conditions. He maintained that forcing lawyers to wear heavy black coats in summer makes their working conditions unsafe and uncomfortable, thus violating their right to a safe workplace.