Radhika Mittal
A petition has been filed in the Supreme Court seeking to amend the Advocates Act 1961 and related rules, which exempt lawyers from wearing the traditional black clothing,. coats and jackets for safety during the summer months. Activist Shailendra Mani Tripathi filed a petition urging the court to consider the negative health effects of wearing black clothes in extreme heat.
The petition calls for state Bar boards Councils to determine each state’s “prevailing summer months” to adjust the exemptions accordingly. There is also a call to create a commission of medical experts to investigate how the use of warm clothing affects the health, work ability and quality of work of lawyers. The findings provide recommendations for possible changes to the dress code.
The complaint points out that the British style of dress does not take into account the different climatic conditions of India. The constant heat absorption of black clothing causes irritation, stress and impairs productivity, which violates the right of lawyers to safe working conditions.
“Everyone has the right to work in safe conditions. Forcing lawyers to wear heavy black coats in the summer makes their working conditions unsafe and uncomfortable. This is not only uncomfortable, it violates the right to a safe workplace,” the petitions state. states
The petition also highlights the disparate impact on lawyers with pre-existing medical conditions, arguing that wearing black exacerbates their challenges and therefore violates their right to equal treatment. Young lawyers who fear retaliation can suffer in silence and create an unfair work environment.
The statement also claims that the current dress code violates lawyers’ freedom of speech, which the Supreme Court found in its previous decisions. Dressing comfortably, especially in summer, is associated with better health and ability to work, so mandating black jackets limits that freedom.
“A rule requiring lawyers to wear black coats in the summer harms their health, creates unsafe working conditions, treats some lawyers unfairly, limits their freedom of speech and violates their right to a decent life,” the petition says. , citing Maneka Gandhi Vs. Union of India (1978).
Regulations under Section 49(1)(gg) of the Advocates Act, 1961 prescribe black dresses for advocates of various courts. The dress code for male activists lawyers is a black button-down jacket or black open-breasted jacket with white ribbons and long trousers or dhoti. For female defenders advocates, this includes a black jacket or blouse with white stripes paired with a sari or long skirts of a certain color.
The reliefs sought by the petitioner include:
- Instructions to the Bar Council of India to modify its rules to exempt advocates from wearing black coats and suits in the Supreme Court and High Courts during the summer months.
- Guide for state bars to determine specific “summer months” for exemption based on regional temperature and humidity.
- Instructions to the Union of India to constitute a committee of medical experts to study the effect of warm clothing on lawyers, railway undertakings and other employees subject to similar dress regulations and make recommendations.
This petition was earlier filed in the Supreme Court in 2022 but was withdrawn to allow an appeal to the Bar Council of India.
Case Details:Shailendra Mani Tripathi Vs. BCI Diary no. 24405/2024