Can we really go without Coat and Gown ?

COVID-19 hits Black Robes !

Do we really have the option of appearing in the court of law, wearing only plain white shirt/ salwar-kameez or saree with band because of threat of COVID-19?

Let us start with our own statute. Section 49 (gg) of the Advocates Act gives power to the Bar Council of India to make rules with regard to the dresses or robes  to be worn by advocates, having regard to the climatic conditions, appearing before any court or tribunal. Proviso to Section 49 also says that no rule made with reference to clause (gg) shall have effect unless they have been approved by the Chief Justice of India.  

In pursuant to the abovementioned power the Bar Council of India did make rules for the dress code and they were approved by the Chief Justice of India by Res. No 121/2001 published in the Gazette of India, Pt III Sec.4.dt 9-3-2002 which provided that Advocates “shall” wear black coat with white bands with Advocates’ Gowns and Lady Advocates “shall” wear black full sleeve jacket with band and Advocates’ Gowns.

What constitutes a ‘court’ is not defined in the Advocates Act, 1961. Further, there is no definitional subdivision of any kind in ‘online court’ or ‘offline/physical court’ too. In the absence of any thing contrary, it can be derived at that ‘online courts’ are no different than ‘offline/physical court’ in their nature and composition as a court of law.

Will the circular dated 13^th May 2020 issued by Secretary General of the Hon’ble Supreme Court of India as well as Administrative Order dated 14.05.2020 issued by the Bar Council of India without mentioning any amendment of Chapter IV Rule I and II of Bar Council of India Rules, if there is any, give us liberty to wear only white shirt/ salwar-kameez or saree?

Kartikey