Freedom from Black Coat and Gown: a Laudable Decision

     Corona pandemic has brought a piece of welcome news for lawyers and judges. The Hon'ble Supreme Court of India has dispensed with, albeit temporarily, from the pain of wearing an unwieldy gown and black coat. The Delhi High Court has been giving relaxation from wearing a gown for some months every year for the last so many years, but the Supreme Court has never been generous and liberal in easing the dress code. As a matter of fact, the gowns are totally alien and unsuitable for Indian climate. Black coats should be made mandatory only during the winter season. This decision has been spurred due to the fear of the infection of the Coronavirus but even then, it is a welcome step of the Supreme Court and must be adhered to for all time to come.

    Black coat and gown is a colonial hangover and it should have been discarded long back but why the Bar Council of India, a representative and elective body of the lawyers thought it fit to retain this dress code is inexplicable. A fallacious argument is advanced by persons with servile mentality is that black colour is a symbol of dignity, honour, wisdom and justice. Therefore, to keep up those values and maintain the grace of the profession the black gown and coat has been prescribed for the lawyers and judges. People make fun of this dress code and some of them audaciously say that judges and lawyers wear the black dress to conceal their black deeds. It may be very objectionable but how can one prevent the public from weaving and spreading such malicious stories and canards?

    Lawyers are the warriors of justice. Doctors wear white coat and apron from a hygienic point of view. Police persons wear Khaki as it saves them from dust and stains although now it has become the symbol of authority and power. All three limbs of Indian force have a different sartorial dress, but nobody looks as grotesque as the judges and lawyers in the black coat and gown, who wear it even during the sweltering and perspiring heat. The dress should be sober and dignified but how does this black dress qualify to that criterion is indeed very baffling?

   One can understand the white-band as the symbol of innocence and purity and so is the white shirt but the black coat and the gown serve no such purpose except differentiating the wearers ( the judges and the lawyers) from others but then that purpose can be served by the more elegant dress of the shirt and the band. Some say black means opaque and in the adversarial system of justice both sides remain unknown until they are buttressed by the law and that is why the black coat and the gown. But the system should not be outlandish and outrageous, it must conform to the climate and the culture of the country.

   It must also be borne in mind that even after the independence, the judges wore wigs on their heads while sitting on the pulpit of justice, which was very rightly given up after some years. The judicial system must be organic and must be ready to change according to the call and needs of the time. This is the time when the dress code should be changed to a white shirt with the band except for winter when the black coat should be made compulsory. 

Form of Dress or Robes To Be Worn By Advocates
[Rule Under Section 49(1) (GG) of The Act]

Advocates, appearing in the Supreme Court, High Court, subordinate courts, tribunals or authorities shall wear the following as part of their dress which shall be sober and dignified;
Advocates other than lady advocates:
1. (a) a black buttoned-up coat, chapkan, achkan, black sherwani and white bands with advocate’s gown, or
(b) a black open breast coat, white-collar, stiff or soft, and white bands with advocates’ gowns.
In either case long trousers (white, black, striped or grey) or dhoti.

Lady advocates:
2. (a) black and full or half-sleeve jacket or blouse, white-collar, stiff or soft, and white bands with Advocates’ gowns;
(b) sarees or long skirts (white or black or any mellow or subdued colour without any print or design) or flares (white, black or black-striped or grey):
Provided that the wearing of advocate’s gown shall be optional except when appearing in the Supreme Court or in a High Court.
Provided further that in a court other than the Supreme Court, High Court, District Court, Sessions Court or City Civil Court, a black-tie may be worn instead of bands.”