Advocate writes to Calcutta High Court Chief Justice to prohibit lawyers from wearing headgear

A lawyer has written to the Calcutta High Court Chief Justice Prakash Shrivastava seeking directions on the administrative side banning lawyers from wearing headgear, veils or other articles of faith in the premises of the High Court..The letter by advocate Shakti Khaitan said that lawyers wearing headgear in courts goes against the Bar Council of India Rules (BCI Rules) which prescribe dress code for lawyers and also against secularism envisaged in the Constitution of India.However, certain lady advocates wear headgear while appearing before courts, it was pointed out.The letter highlighted Part VI, Chapter IV of the BCI Rules which prescribes the dress code for lawyers. As per the same the dress code for lady advocates is as follows:"(a) Black full sleeve jacket or blouse, white collar stiff or soft, with white bands and Advocates’ Gowns. White blouse, with or without collar, with white bands and with a black open breast coat.OrSarees or long skirts (white or black or any mellow or subdued colour without any print or design) or flare (white, black or black stripped or grey) or Punjabi dress Churidar Kurta or Salwar-Kurta with or without dupatta (white or black) or traditional dress with black coat and bands.”In this regard, the letter also referred to Rule 5 of the BCI Rules which states:"An advocate shall appear in court at all times only in the prescribed dress, and his appearance shall always be presentable.".In view of the above, any relaxation or variation for the wearing of religious headgear by Advocates in the Rules on court dress is deliberate and with a clear aim in mind, the letter alleged."The Rules are designed to implement constitutionalism and secularism in the day-to-day perception of our courts. They fulfil a legitimate aim of ensuring faith in the judicial system. They require the advocate to leave behind narrow and petty concerns to spiritually renovate himself and to take on the mantle of assisting in the delivery of justice and appear, act and behave in a manner that befits his/her status as an officer of the court. Hence, it stands to reason that the said Rules implicitly require the advocate to take off any religious head gear when engaging in the practice of law in the premises of the courts," the letter said.It added that of an advocate fails to leave behind allegiance to his/her religious ideals in his dress, then he/she will not be able to serve the role that the holiest of holy books, the Indian Constitution, demands of him/her. An advocate has to stand for higher ideals, and relinquishing displays of religiosity in a Court premises is part of those higher ideals, the letter underscored.Hence, what is already implicit in the BCI Rules must be made explicit by an order/notification issued on the administrative side of the High Court baning the wearing of all religious headgear, veils and other articles of faith by advocates in the premises of the High Court, it was requested..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.