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Post-Colonial India and Legal dress code

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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 Section 377 is repealed considering modern development.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.

Dr. S. Anandha Krishna Raj, Assistant Professor (Sr), completed his graduation in law from Chennai, at Dr. Ambedkar Government Law College affiliated to The Tamil Nadu Dr. Ambedkar Law University and enrolled in New Delhi Bar Council and practised in Supreme Court of India. He has done his Master of Law from Kurukshetra University and M.A (Sociology) from Jawaharlal Nehru University. Later, he completed his M.Phil. and PhD in international law from Jawaharlal Nehru University.

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Ancestral Lineage of Hazaras: from Afghanistan to Pakistan

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While the origins of Hazaras are much debated, opinions differ when it comes to the ancestral lineage of Hazara community. According to some historians, Hazaras are the original inhabitants of Hazarajat (now central Afghanistan).Among Hassan Pouladi, Prof. Shah Ali Akbar, Fletcher, and Abdul HaiHabibi, J. P. Ferrier who was a renowned French scholar was the first who argued based on his explanations of the Greek historian Quintus Curtius about the battles of Alexander the Great and his travels to these areas, now Afghanistan that Hazaras were native inhabitants of Afghanistan since the time of Alexander the Great and have not migrated from any other places to this land.

Whereas, according to some, Hazaras have Mongolian ancestry under Genghis Khan. This notion that Hazaras have Mongolian origin takes its origin in the 19th century when European came to Afghanistan, and they distinguish people with Mongolian featured faces among other Caucasian faces. Hazaras were originally represented by the word ‘Ozala’ or ‘Hosala’ which, with the passing of time became ‘Hazara’. The very word ‘Hazara’ then was used to refer to the counting system in the armed forces of Genghis Khan i.e. ‘hazara’ that meant thousand, which comprised one level of the troops.

Yet, few opinionate, Hazaras have Persian and Turko-Mongolian ancestry. According to a report they descended from Genghis Khan’s Army that mixed with Persian and Turkic locals whom as a result of conflict had been settled in now Hazara inhabited areas of Afghanistan.

Nevertheless, some think, Hazaras have ancestral lineage with theKushan Dynasty that goes back two millennia when Bamiyan in Afghanistan was home to the largest statues of ancient Buddhist civilization. Patrons of this idea highlight the similar facial features of Hazaras to those of Buddhist murals and statues in the region. Whilst, some of the Hazaras believe that they are the descendants of one of the sons of Noah.

Although, all the above mentioned theories might differ when it comes to ancestral lineage of Hazara community, but they have one thing in common and that is the land of Hazaras which now constitute parts of Afghanistan, Iran, and Pakistan. People of Hazaras settled in the mountainous regions of central Afghanistan as early as the 19th century, with the majority of their inhabitants living in Hazarajat (the land of Hazara), which is situated in the rough central mountainous core of Afghanistan with an area stretch over 50,000 sq.km.The Hazaras speak a dialect of Persian (Dari dialect) that is called Hazaragi. Hazaragi was one of the two largest languages of Afghanistan. Hazaragi includes many Mongolian and Turkic words, which also maintains the theory that they have Mongolian ancestry.

Afghanistan is a multi-ethnic country with almost 8 major and 10 minor different ethnic groups; among major ethnic groups are Pashtun, Tajiks, and Hazaras etc. Hazaras were once the largest ethnic group in Afghanistan and constituted approximately 67% of the total population, but today their population hardly makes up around 9% of Afghan population. The reason for their massacred lies in their off target political action when they backed the wrong candidate in the accession struggle in the late 19th century, that had changed the life of Hazaras and their role in Afghan politics and ultimately in Afghan government.

Reports from the 20th century depict that arm forces of Afghanistan made pyramids out of Hazaras heads after some of the massacres, as a form of warning to the remaining Hazaras, yet this could not be regarded as the last savage and barbaric government repression of the Hazaras. Towards the end of 20th century during the rule of Taliban in Afghanistan, government specifically targeted the Hazaras for persecution and even genocide. This brutal history of persecution of Hazaras in Afghanistan resulted in killing more than half of their population with some migrating to neighboring countries like Pakistan and Iran.

Whereas, according to historical evidence migration of Hazaras from Afghanistan to Baluchistan province, Pakistan took place about 150 years ago, initially due to economic purposes. But mass migration of Hazara population took place in the late 19th century, mainly due to their persecution and targeted killing at the hands of different afghan rulers and Taliban government that forced them to migrate to Pakistan, and so they settled here.

In Pakistan, the estimated number of people of Hazara community is between 0.6-0.9 million, living and residing in different parts of the country including Karachi, Parachinar, Sanghar, Nawabshah, Hyderabad, also in different parts of GilgitBaltistan and Punjab. In Baluchistan province, the bulk of Hazara population are residing in Quetta and other parts of Baluchistan such as Sanjawi, Much, Zhob, Harnai, Loralai, and Dukki, where their population makes up around 0.4-0.5 million.Unfortunately, along with their migration, the Hazara community brought with them the history of their persecutions based on their ethnicity, religious orientation of sect and also their ethnically unique facial curvatures, and so, their tenure of oppression at the hands Taliban and other terrorist organization like Lashkar-e-Jhangvi, Sipah Sahabah, al-Qaeda and other Sunni radical militants organization that also includes ISIS in its list is on-going in Pakistan.

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Pakistan PM visited Sri Lanka to further strengthen the existing friendship to new heights

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Prime Minister Imran Khan during the Sri Lanka visit. PHOTO COURTESY: FACEBOOK/IMRAN KHAN

At the formal invitation of the Prime Minister of the Democratic Socialist Republic of Sri Lanka, H.E. Mahinda Rajapaksa, the Prime Minister of the Islamic Republic of Pakistan, H.E. Imran Khan, paid a two-day official visit to Sri Lanka on 23-24 February 2021.

Prime Minister Imran Khan was accompanied by an elevated-level delegation comprising Federal Ministers and senior Government officials. The first-ever visit by the Prime Minister of Pakistan to Sri Lanka since the formation of the new governments in both countries clearly reflects the warmth and goodwill between the two countries’ governments and peoples. Prime Minister Imran Khan received a warm traditional welcome from the Prime Minister and the Cabinet of Sri Lanka’s Ministers.

During the visit, Prime Minister Imran Khan held delegation-level discussions with President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa of Sri Lanka. Both sides comprehensively appraised the multifaceted bilateral relationship in various fields of cooperation. The talks were held in a warm and cordial environment, marked by mutual trust and respect. The visit offeredboth sides a timely opportunity to further shape upon their close and regular consultations, particularly in the areas identified during the recently held Foreign Secretary level Bilateral Political Consultations, Joint Economic Commission session, and the Commerce Secretaries-level Talks.

Both sides reached a wide-ranging consensus on ways and means to strengthen cooperation further comprehensively and decided to hold frequent meetings; promote high-level and delegation-level exchanges; and enhance the process of consultations, collaboration, and synchronization between their respective institutions. Prime Minister Imran Khan reiterated Pakistan’s support for the socio-economic development of Sri Lanka in line with the vision of a “peaceful neighborhood.”

The two sides reviewed the all-encompassing engagement between the two countries in promoting cultural linkages, human resource development, capacity building in diverse areas, and educational and technical cooperation. The Pakistan side announced 100 scholarships in health sciences and medicines (MBBS and BDS) as part of the Pakistan-Sri Lanka Higher Education Cooperation Programme (PSLHECP). The Sri Lankan side appreciated the cooperation being extended by Pakistan in human resource development and capacity building.

While comprehending the existence of boundless potential of religious tourism to Buddhist archeological sites and perceiving the close ancient and cultural ties dating back to Gandhara civilization, the two sides emphasized the importance of augmenting cooperation in the field of tourism and highlighted the benefits of sharing expertise in the hospitality industry, including training and capacity building. The Pakistan side declared its initiative of establishing the Asian Civilization and Culture Centre at the University of Peradeniya, Kandy. Both sides recognized the importance of enhancing air connectivity to promote people-to-people contact, tourism, trade, and culture.

In order to explore new avenues for enhancing bilateral trade and investment between the two countries, a high-level Pakistan-Sri Lanka Trade and Investment Conference was held on 24 February 2021. The Conference provided an opportunity for effective and meaningful engagement between the business communities of the two countries. At the Conference, both Pakistan and Sri Lanka sides reiterated the importance of strengthening economic relations in critical areas of mutual interest and diversifying trade and investment. The two sides emphasized the importance of realizing the goal of achieving a US$ 1 billion bilateral trade target and also agreed to work towards broadening and deepening of Pakistan Sri Lank Free Trade Agreement.

During the visit, the following MoUs between Pakistan and Sri Lanka were signed:

i. Memorandum of Understanding (MOU) between the Government of the Democratic Socialist Republic of Sri Lanka and the Government of the Islamic Republic of Pakistan on Cooperation in Tourism

ii. Memorandum of Understanding (MoU) on Cooperation between the Board of Investment of the Democratic Socialist Republic of Sri Lanka and the Board of Investment of the Islamic Republic of Pakistan

iii. Memorandum of Understanding between Industrial Technology Institute (ITI), the Democratic Socialist Republic of Sri Lanka, and International Centre for Chemical and Biological Sciences, University of Karachi Islamic Republic of Pakistan

iv Intent Cooperation between Industrial Technology Institute of Sri Lanka and COMSATS University Islamabad

v. Memorandum of Understanding between University of Colombo, Sri Lanka and Lahore School of Economics, Pakistan

Prime Minister Imran Khan and Prime Minister Mahinda Rajapaksa together accredited the Sri Lanka-Pakistan Parliamentary Friendship Association reconstitution. Both sides highlighted the need to strengthen parliamentary cooperation between two sides.

Both sides expressed satisfaction at the existing bilateral cooperation in the field of defense. They noted that the elevation of staff-level talks to Defence Dialogue has further provided a prospect to expand security sector relations. Prime Minister Imran Khan announced a new $50 million defense credit line facility. The two sides stressed the need for a strengthened partnership to support and coordinate with each other to deal with matters related to security, terrorism, organized crime, drug and narcotic trafficking, and intelligence-sharing.

In his efforts to strengthen sports diplomacy, Prime Minister Imran Khan participated in a shared session with the sports community of Sri Lanka on 24 February 2021. At this event, Sri Lanka’s Minister of Sports and Youth Namal Rajapaksa, in the Parliament Speaker Mahinda Yapa Abeywardane, stated the commissioning of the “Imran Khan High-Performance Sports Centre” in Colombo.

The Pakistan side declared its decision to provide PKR 52 million to promote sports in Sri Lanka, including through training and equipment.

Both sides stressed the importance of inter-religious dialogue and harmony as a key to promoting cultural diversity, peaceful co-existence, and mutual empathy.

The two sides observed the close cooperation between the two countries at regional and international fora on mutual interest issues. They agreed to strengthen a coordinated approach on such matters further.

Both sides restated their commitment to the principles and intents of the SAARC Charter. They stressed the need for SAARC Member countries to build on convergences for the region’s people’s greater good. Both sides emphasized the need to convene the Charter Based bodies and agreed to take forward the SAARC process for further strengthening regional cooperation to achieve prosperity in the region.

Discussing the regional and global environment developments, the two sides restated their shared commitment to regional peace, security, and stability. Prime Minister Imran Khan underscored the need for peaceful resolution of unresolved disputes through constructive dialogue in accordance with international legitimacy.

In the context of regional connectivity, Prime Minister Imran Khan highlighted the opportunities presented by the China-Pakistan Economic Corridor (CPEC), a flagship project of BRI, for regional economic growth and prosperity.

Discussing the extraordinary challenges postured by Covid – 19, the two sides highlighted the need for combined efforts to deal with the pandemic. Sri Lanka thanked Pakistan for the tremendous assistance extended to the return of stranded Sri Lankans in Pakistan since the Covid pandemic outbreak.

While echoing the new government’s commitment to strengthen the bilateral relations further, the Prime Minister of Sri Lanka thanked the government and people of Pakistan for the persistent support extended by Pakistan to defend the independence, sovereignty, and territorial integrity of Sri Lanka.

The Prime Minister of Pakistan extended an invitation to the President and the Prime Minister of Sri Lanka to visit Pakistan at their earliest convenience and thanked Prime Minister Mahinda Rajapaksa for the warm cordiality extended to him and his delegation.

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Huge blast on the Afghanistan-Iran border

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Migrants at the IOM Islam Qala Reception Centre. The Centre provided services to thousands of Afghan returnees daily, prior to the catastrophic fire on 13 February. IOM/Nick Bishop

On Saturday 13 February the Islam Qala reception center owned by the IOM was demolished at the border between Afghanistan and Iran, leading to a pause to repatriation service for afghans. This led to a devastating burn. At least 40 people were killed because of this huge blast, while 17 were wounded. Tens of thousands of repatriated Afghans obtained humanitarian relief from the center International Organization of Migration, (IOM) in 2020. None were injured in the fire by IOM workers or migrants returning from Iran.Whatever sparked this explosion was not instantly apparent. The provincial governor of Herat, Wahid Qatali, said the Afghan first responders did not have the means to light the enormous fires and required Iran’s assistance by firefighting aircraft.”We can’t even discuss the victims for the time being,” Qatali told The Associated Press. Emergency crews and Afghan security services moved hundreds of fuel and gas tankers from the region, while an appeal for air-firefighting assistance was made available to the International Resolute Support Mission, quoted by Reuters as quoted by Katali.

Mohammad Rafiq shirzy, spokesperson for the district hospitals of Herat’s Provincial capital and also called Herat, said that more than 500 trucks were carrying natural gas and diesel that have been destroyed by the severity of the fire, and he said that it was impossible for ambulances to reach the injured or to reach the explosion site. Hossein Akhundzadeh, a regional Iranian trade official, told Iranian Students News Agency (ISNA) about the explosion of more than 300 coal, diesel, and petrol cars. The flash has not yet been contained, and precise evidence was not provided,”It’s not known whether the drivers were able to escape or not. The blaze has not been contained yet and exact information is not available,”We don’t know whether the driver might escape or not.The Power Supply Ministry Spokesman, Wahidullah Tawhidi, said the fire was continuing after nightfall and that Afghanistan was pressuring Iran to close down its electricity supply. It has been said that the burning of two pylons has disconnected 100 tons of electricity imported into the Herat Province by Iran. He said 60% of Herat, one of Afghanistan’s leading provinces, was powerless.A dangerous route Afghan people often pursue overnight because of fear of gangs of violence, attacks between Herat City and Islam Qalah. Taliban gunmen, on the other hand, travel freely across the area.Afghan government troops assembled defensive positions and aided emergency ambulances and cars from and to the border. According to Iranian State TV, the fire spread to the Irish customs facilities Dogharoon, and first responders, including the fire departments, the Iranian army, and the border guards, managed to extinguish the fire. The natural gas and diesel trucks were sent away from the scene.As part of a national concession exempting Kabul from US sanctions against Iran, the United States permits Afghanistan to import fuel and oil from Iran.

According to a statement from the Aghan organization, on Monday, “IOM anticipates a substantial decline in rates of return through the Islam Qala in the days to come as migrants are now re-routed from Iran into the main border crossing of Milak province of Nimroz, which lies over 1,000 km south-west.They have shown that in 2020, there returned a high number of Afghans.Nick Bishop, program manager of IOM reported in a cross-border return reply that “the initial inspection of reception centers for the return showed significant damage to the roof and walls.”The staff of the Afghan Ministry for Refugees and Returns (MoRR) are relocating people in need here to the IOM transit center in Herat before IOM staff are back, awaiting a full assessment and inspection of the safety situation before IOM staff can resume their work from here. “The organization takes exceptional steps to secure the continuing humanitarian assistance can take place.

Unfortunately, as the fire began all the returning residents, who had already moved to their next location at our reception center, that day.There was a drastic rise in return rates last year, as COVID-19 caused many Afghans residing in neighboring Iran to lose jobs and livelihoods. By 2020, the largest year of return was almost 860,000 illegal Afghan immigrants back from Iran.Approximately 15,000 people cross the Islam Qala border point daily, while nearly 1,500 per day need humanitarian assistance. Approximately 60% of Herat province was helpless as a result of flames, said DABS, an Afghan power supplier.Islam Qala is one of the main ports of Afghanistan that traffic most officially with Iran. Afghanistan has earned concessions from Washington to buy oil and gas from Iran amid the sanctions of the United States.A risky stretch of highway between Herat and Islam Qala, where Afghans barely ride by night for fear of criminal gang attacks. In the area, the Taliban are still free to work.Hope to rapidly repair all damage to the reception facility as soon as possible and continue vital humanitarian services to Afghans returning through this major transit route, but we will require increased support to do so.

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