Authors: Dr S. Anandha Krishna Raj & Prof. S.Vinusowndarya*
The legal dress code of India is the continuation of the United Kingdom dress code. Dress code signifies the profession and concurrently the era. The British Imperialism established the Judiciary in colonial India and even after independence; it retained not only its administrative and other systems but also the legal system. In post-colonial India, some of the age-old European values and laws were abolished. Section 377 is repealed considering modern development. Similarly, Section 497 of the Indian Penal Code is removed because of its patriarchal nature and considering women as property. The British dress code also went for reform in India, particularly in getting rid of the wigs. Northern parts of India relaxed the dress code in the lower courts during summer season. Still, full sleeve black coat and neck band is followed in India as part of the legal dress code. It is time for India to change the colonial legal dress code and adopt a comfortable, convenient and culture-oriented dress code.
Antiquity of the British dress code
The origin of the British legal dress code has remnants of Roman domination. In the Roman-British period, the British habit began to worthless with the rise of roman control through manners and language. The female wore attire one half-way to the thigh, with a loose sleeve, called British gwn, the origin of the word gown [1]. Queen’s Bench judges had variated five robes, and court dresses not worn in the chamber. In winter, criminal business judges wear a scarlet robe, a black scarf, girdle, scarlet casting hood similarly while dealing civil cases they wore a black robe with fur, black scarf, girdle and scarlet tippet. Attire for civil cases in summer is a violet robe made up of silk, with the black scarf, girdle, and scarlet tippet. Violet colour extracted from rare snail to make an imperial purple later disappeared in 1453. In criminal cases in summer, the scarlet robe is worn with silk. Chancery judges have a scarlet robe, ermine robe and black silk. Accessories including scarf, mantle, hood, black cap, tippet, gloves, knee cap, breeches and steel shoes worn during the ceremony only [2]. Through 1534, medieval judges have reformed the raw material with vibrant colour such as ermine, taffeta and the violet colour for winter whereas green for summer. The green robes bequeathed a different appearance in once identity, hence after 1534; the black and violet robes became frequently used attire. Until 1550, the state officers, self-seekers and who attend the court should wear a doublet, and close-fitted knee breeches made out of silk or wool material with dark and gloomy coloured with stiff golilla collar (white linen) became the Hispanic court attire [3].
Bygone dress code in courtesy culture
According to their place in society, in 1637 Privy Council stated lawyers to follow dress code. Therefore lawyers decked in the long gown in court and in public. During King Charles II mourning in 1685, robes with pleated shoulder and bell-shaped sleeves were used. This was followed during the mourning of Queen Mary II (1694) and thus black coat entrenched in British Judiciary. High strata judges wore flapped collar and different sleeve which was continued till now with minimum changes [4]. From 1680 lawyers and judges start wearing wigs. For 150 years, they powdered hair during 1822 Humphrey Ravenscroft invented legal wig made out of horse-hair. Still wig went out of fashion after French revolution in 1790 [5]. In Britain, the judges still wear wigs in the court halls. Gown and wigs gave a degree of anonymity to Judges and lawyers [6]. It was argued that the wig will help the them to hide their identities by the criminals outside the court hall. In a Judgement in 2007, Chief Justice, Baron Phillips stated that wigs would no longer be worn during civil or family cases and that judges need only one robe [7].
Indian legal dress code
Dress code is a representative of the profession, confident, discipline and a part of the personality. Colour symbolises passionate towards nation, belief and determination. However, the colour of black and white is mention to fight for justice; nevertheless symbolic representation blue colour is identified for freedom, justice, perseverance and patriotism [8]. This finds that black and white is only the lawyers’ workwear colour which creates a specific association between the professions and controls the mannerism in court etiquette. The classic and minimalistic culture of court attire in India follows the British dress-code with minor changes. The black coat indicates the profession, meticulousness; authority besides creates the sense of feeling towards Rights and Justice. Barristers were the first lawyer in India; thus white band act as the symbol of advocates also called as ‘Tablets of the Law’ or ‘Tablets of Stones’. The band represents Ten Commandments of the Christian belief, which symbolises to protect the laws of God. The lawyers of petitioners and respondent wear a similar dress code which signifies the law is blind and neutral to the rich and poor alike [9].
The Indian Advocates Act of 1961 and the current practice
In India, as per the Advocate Act 1961, it is mandatory to follow the British constitution and their guideline of using black and white dress code even after they left [10]. Indian rules under Section 49(1) (gg) of the Advocate Act 1961 and the Bar Council of India rules in 1975 [11], advocates of Supreme Court, High Court, and Subordinate Court, Tribunals or Authorities have to follow the British Robe, who ruled India for 150 years and left by 1947 [12]. The specific robe requires modification due to climatic condition, so during the end of 2001 Bar Council relaxed the black robe during summer (March 15 to June 15). The relaxation is given only for Subordinate Judiciaries. Still Supreme Court, High Court lacks in the acquaintance of relaxation. The dress code of Judge and layers were modified based on the climatic condition and to get rid of British colonial legacy [13]. The Advocate Act of 1961 also connotes that lawyer should wear black robe or coat, with white shirt and white neck band. Black is a representation of submission towards Justice. Still, it provokes that colour of Justice is Black? [14]. Researchers have identified that heavy black robes were used in a desert where heat will absorbed by outer layer of the fabric and will not transit to the skin. Where in India, robes create scorching because the colour black absorbs the heat also due to full sleeve [15]. Since the material used for robes where mostly polyester which lighter and emits the heat to penetrate into the skin. The cross-sectional view of polyester is round; thereby, it traps the moisture and does not breathe [16]. For the country with which exceed 40 degrees Celsius during summer should customise the dress code instead of coping with British systems and colours.
Conclusion
India is a tropical country with warm weather all over the year with an exception of few areas. The Legal dress code of India should be reformed according to the climate of India with a regional convenience. Black colour attracts more heat and it’s time to get away with the colour, but white can stay. Moreover, it is supposed to be gender-neutral and convenient for women lawyers. There is no question of leaving the identity of lawyers, but at the same time it should fit the Indian climate and of secular culture. It is not necessary at the same time that all over India the same dress code has to be followed. The weather in Kashmir is opposite to the weather in Kanyakumari same as the weather differences are there in the northeast India’s hilly region. Significant reforms should be made on wearing of neckband, black coat and black gown. Instead of neck band, India can follow similar kind of Japanese legal system of Badges. [17]. These attires create uncomfortable and inconvenient for the lawyers as well as the Judges. The act of wearing all those attires also consumes a considerable amount of time. Moreover, simplifying the legal dress code for the lawyers and judges will help in concentrating more on the cases and important issues.
* S. Vinusowndarya, Assistant Professorfrom VIT Fashion Institute of Techonology, Chennai; completed her B.Tech (Fashion Technology) from Bannariamman Institute of Technology and did Post Graduation (MFM) from National Institute of Fashion Technology, Chennai.
