A.M. Shaffique ORDER
A.M. Shaffique, J.
1. This writ petition is filed seeking the following reliefs:
"i) to strike down Exts:P-1 and P-2 declaring them as illegal and unenforceable;
ii) to issue a writ in the nature of mandamus or any other writ, direction or order commanding the respondents 2 and 3 to make rules for a dress code for Advocates having regard to the climatic conditions and disassociating from the British colonial hangover;
iii) a writ in the nature of mandamus or any other writ, direction or order commanding the 1st respondent to appoint a Commission of Inquiry under Section 3 of the Commissions of Inquiry Act, 1952 to enquire into and suggest appropriate dress code for Advocates;
iv) a writ in the nature of mandamus or any other writ, direction or order commanding the respondents 1, 2 and 3 prohibit the intimidating dress code in courts, where children and illiterate rural people are likely to be involved;
v) any other relief that this honourable court deems fit and proper in the nature and circumstances of the case, including a direction to pay costs to the petitioner."
Petitioner is a Lawyer by profession. His grievance is with reference to the Rules by which Advocates both men and women in Kerala are forced to wear black coat, black gown and white bands to appear in Courts even during summer. He alleges that it causes severe hardship and inconvenience on account of profusely sweating inside the dress and of making a dignified presentation the next day. According to him, wearing of the said robes is difficult even during rainy season.
2. According to the petitioner, rules or dress code for the lawyers was thrust upon without taking into consideration the actual requirements. It is pointed out that black dress is the mourning dress in England which continued to be the uniform of Judges and Lawyers. According to him, though substantial changes have been made in various parts of the world, the rules of High Court of Kerala and the rules framed by the Bar Council still insist for black coat, black gown and white bands. It is further stated that prescription of the dress code without having regard to the climatic condition is arbitrary, violating Articles 14, 19(1)(g) and 21 of the Constitution of India and also Section 49(1)(gg) of the Advocates Act, 1961 (hereinafter referred to as 'the Act'). Ext.P1 is the rules framed by the High Court of Kerala under Section 34(1) of the Advocates Act, 1961 which reads as under:
"Rule 12 of the Rules Framed by the High Court of Kerala under Section 34(1) of the Advocates' Act, 1961 regarding Conditions of Practice of Advocates
Advocates appearing in Court shall wear the following dress:-
(1) Advocates other than Lady Advocates:-
(a) Black buttoned-up coat (chapkan, achakan or sherwani), Barrister's or Bachelor of Law's gown and white bands, or
(b) Black open collar coat, white shirt, white collar, stiff or soft with Barrister's or Bachelor of Law's gown and bands.
(2) Lady Advocates:-
Regional dress of subdued colour with Barrister's or Bachelor of Law's gown white collar, stiff or soft, and bands."
3. Ext.P2 is the rules framed by the Bar Council of India which reads as under:
"Chapter IV of the Bar Council of India Rules
Advocates appearing in the Supreme Court, High Courts, Subordinate Courts, Tribunals or Authorities shall wear the following as part of their dress which shall be sober and dignified:
I. Advocates other than Lady Advocates
(a) a black buttoned up coat chapkan, a........