Plea claims advocates' band symbol of Christianity, lawyers dress code not suitable for Indian weather: Allahabad High Court notice to BCI

The Allahabad High Court has issued notice to the Bar Council of India (BCI) on a plea seeking ban on the present/current dress code for advocates claiming that it is unsuited for the climatic conditions that prevail in India (Ashok Pandey v. Bar Council of India)..A Division Bench of Justices Devendra Kumar Upadhyay and Ajai Kumar Srivastava issued the notice to the BCI and sought it response within four weeks. "Issue notice to respondent No.1, returnable on 18.08.2021. Steps be taken within a week. In the meantime, respondents shall file their counter affidavit," the Court ordered. .The petitioner, Ashok Pandey submitted that India remains under a heat wave for nine months a year and the dress code for lawyers does not take into account the same. "India is a country where a major part remains under heat waves for 9 months," the plea said. Interestingly, the plea also raised a religious angle claiming that compelling a non-christian to wear a band, which is symbol of Christianity, is violative of fundamental right guaranteed under Article 25 of the Indian Constitution.Further, it was submitted that wearing a white saree or salwar kameez is a symbol of widows according to the Hindu culture and traditions and there was no application of mind on the part of the BCI while prescribing the present dress code for lawyers in the country."When the BCI prescribed the dress code without considering the climatic conditions of the country, it was incumbent on the part of the government to ask the BCI to reconsider its decision, but the government did not perform its duty in order to protect the fundamental right of lawyers of not being forced to follow a dress code that is extremely challenging in summer and against our religious belief," the petition said. .Allahabad High Court declines to hear lawyer who appeared for video conference hearing while riding scooter.The plea, therefore, challenged the provisions of Chapter IV of the BCI Rules, 1975 drawn under section 49(i)(gg) of the Advocates Act 1961 on the ground that they violate Articles 14, 21 and 25 of the Constitution. .Gujarat High Court Chief Justice urged to relax dress code, wearing of black coats and gowns for Judicial Officers amid COVID-19.The petitioner sought the following reliefs: 1. To direct the respondents (Bar council of India), not to implement the provisions contained in chapter IV of the Bar Council Rules and declare the provisions under section 49(i)(gg) of the Advocates Act 1961 as ultra vires.2. To direct the respondents, to frame new rules prescribing the Advocates dress as per the climatic conditions of the country. 3. To quash the circular issued by the Allahabad High Court which makes it mandatory for the lawyers to wear a black coat. .The case will be heard next on August 18, 2021. .[Read order]