The importance of a proper dress code is reiterated to students throughout their college days. What may seem like a trivial matter, is taken highly seriously when in a professional setting. A recent instance highlighting the same is the fining of an advocate in the Orissa High Court for not wearing a neckband.
Facts
On February 15th a case hearing through the video conferencing mode was held. In the case hearing, the advocate who appeared had not worn his neckband. The High Court took cognizance of the same and stated that the dress code was not properly followed and passed an order against the advocate.
Background
The dress code that ought to be followed by Advocates is laid down in Section 49(1)(gg) of the Advocates Act, 1981. The section states that
“The form of dresses or robes to be worn by Advocates, having regard to the climatic conditions, appearing before any court or tribunal.
1- Coat
(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 excluding Jeans
2-Black Tie
Provided further that in Courts other than the Supreme Court, High Courts, District Courts, Session Courts or City Civil Courts, a black tie may be worn instead of bands”
For lady advocates, the dress code laid down is
“(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 breasted coat.
Or
(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 gray) or Punjabi Dress Churidar-Kurta or Salwar-Kurta with or without dupatta (white or black) or traditional dress with black coat and bands.”
In light of the pandemic due to online sessions via video conferencing the Supreme Court has permitted the use of “plain white shirt/ salwar-kameez/ saree, with plain white neckband” in an order.
Court Order
The order stated that
“The profession is solemn in nature and its profundity is complemented by its attire. Being an Advocate, he is expected to appear before the Court in a dignified manner with proper dress, even if it is a virtual mode.”
The single-judge bench of Justice SK Panigrahihad emphasised in his order the importance of maintaining a proper dress code when stating that
“Every profession has certain dress code and people belong to particular profession are recognized by their attires. The lawyers’ dress code is governed by the rules prescribed under the Advocates Act, 1961, making it mandatory for lawyers to wear black robe or coat with white shirt and white neck band. The Rule framed under Section 49(1) (gg) of the Advocates Act, 1961 prescribes the dress code for Advocates irrespective of designated Senior Advocates or other Advocates.”
The Court fined the advocate Rs 500 that is to be paid to the Welfare Fund of High Court Bar Association. The Court also asked the advocate to produce the receipt at the next hearing. The hearing is scheduled for later today, i.e., 22nd February 2021.
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