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The Allahabad High Court on Friday issued a notice to the Bar Council of India on a plea seeking a ban on the existing dress code of black coat and robes for lawyers.

The Division Bench of Justice Devendra Kumar Upadhyay and Justice Ajai Kumar Srivastava directed the BCI and the High Court administration to file their respective responses and take steps for the same within a weeks’ time.

In the present plea the petitioner one Ashok Pandey has challenged the provisions of the fourth chapter of the BCI Rules, 1975 framed under section 49(i)(gg) of the Advocates Act 1961, alleging that the same are ultra vires (beyond the powers) to the Constitution, violating articles 14, 21 and 25.

He has further urged that Court should direct the BCI to frame fresh rules for prescribing a new dress code for lawyers across India in view of the country’s climatic condition.

The petitioner has also sought quashing of a circular framed by the high court administration, which mandates wearing black robes for appearing before the court.

During the course of hearing on Friday the petitioner arguedthat, "The advocate’s band is a religious symbol of Christianity and a non-Christian cannot be compelled to wear it."

The petitioner also said, "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."

Further criticising the dress code, the petitioner stated that,

"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 matter is listed to be heard next on 18^th August.

[Case Title - Ashok Pandey v. Bar Council of India]