The high court has exempted lawyers from wearing black gowns because of the prevalent heat wave.
“Taking note of the weather condition, wearing of Advocates' gown is exempted till the Court reopens after Summer Vacation in June 2023,” says a notification by the court’s registrar-general, citing an order from the acting chief justice issued on April 19.
The order follows “representation received from... Senior Advocates and several other Advocates, praying from wearing Advocates’ gown due to the prevailing heat wave situation,” the notice says.
The court goes into summer recess on May 22 and reopens on June 5.
The Advocates Act requires lawyers to wear black coats during proceedings. In the Supreme Court and the high courts, the advocates are required to additionally wear a black gown along with a white neckband shaped like a bow.
This is the second time in recent history that lawyers have been exempted from wearing gowns.
In May 2020, the Supreme Court had for the first time allowed advocates to appear before it without the mandatory black coats and gowns, on the ground that these clothes could help spread Covid.
Black is the ubiquitous symbol of the legal profession across the world. Black gowns and winged collars owe their origins to England. The code travelled with the British to their colonies.
“The Indian legal system is heavily influenced by the British. The black colour establishes a distinctive identity of the legal profession. It lends a sense of gravitas and dignity. But in a tropical country like ours, the heavy robes can be seen as an excess. We need to strike the right balance,” said Jayanta Mitra, barrister and Bengal’s former advocate-general.
The courtrooms in Calcutta High Court are air-conditioned, as are the Bar Association rooms and judges’ chambers. But the court compound has three imposing buildings. The journey to one of the courtrooms from a Bar association room is often long.
Bikash Ranjan Bhattacharyya, senior advocate and former mayor of Kolkata, said the exemption from wearing gowns would not serve much of a purpose. “We need an exemption from wearing the black coat. The coat feels hotter than the gown,” he said.