Delhi Bar Association Exempts Lawyers From Wearing Black Coats In Summer
The Delhi Bar Association (Tis Hazari) has exempted its members from wearing the compulsory black coats in summer in the district court.
The notice of May 24 said, "All the members are hereby informed that advocates are exempted from wearing black coats during summer, ie, from May 16 to September 30, as per the amendment in rule under Section 49 (1) (gg) of the Advocates Act of 1961." The provision empowers the Bar Council of India (BCI) to frame rules on the attire of advocates appearing before any court or tribunal and includes consideration of climatic conditions.
"The members are free to appear in courts subordinate to the Delhi High Court without wearing black coats. The members, however, are advised to adhere to the other rules of the dress code, which is mandatory for an advocate," said the notice signed by the association's secretary Vikas Goyal.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hindustan Times
a day ago
- Hindustan Times
Vishaka still matters: The Bombay HC judgement
On July 7, 2025, the Bombay High Court delivered its judgment in UNS Women Legal Association (Regd.) vs. Bar Council of India. The petitioners had sought directions for the Bar Council of India and the State Bar Council of Maharashtra & Goa to consider forming the Internal Complaints Committee (ICC). While dealing with the issue, the Court held that the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH) do not apply to the advocates. The Court had reasoned that there exists no employer-employee relationship between the Bar Councils and the advocates, whereas, actions if any intended can be dealt by disciplinary committee of Bar Councils under the Advocates Act, 1961. Law (Pexel) The High Court's ruling has created uncertainty. The legal profession today faces critical questions. If not the PoSH Act, then what? How can the legal field be made a safe space for women advocates? And when grievances inevitably arise, where do they find recourse? The answer of the issue posed in UNS Women Legal Association was not all that easy to arrive at. The High Court has applied a narrow interpretation of the PoSH Act. To understand its far reaching impact, it is imperative to understand the history of PoSH Act. Unlike most laws, the law relating to prevention of sexual harassment did not originate in Parliament. It was born out of judicial intervention, following the brutal gang rape of a social worker in a village in Rajasthan, which shook the collective conscience of the nation. It led to the filing of a writ petition in the Supreme Court as a class action seeking enforcement of the fundamental rights of working women under Articles 14, 19, and 21 of the Constitution. For the first time, the Supreme Court was confronted with the critical task of addressing the pervasive issue of sexual harassment at the workplace. In its judgement in Vishaka v. State of Rajasthan (1997), the Court declared its intention i.e., to protect all working women regardless of their workplace. Essentially, the Vishaka guidelines were never confined to traditional employer-employee relationships. The Supreme Court took an expansive view of the term 'working women,' extending protection to all women engaged in any form of work, irrespective of the nature or structure of their workplace. The guidelines carried a sunset clause. They were meant to lapse once appropriate legislation was enacted. However, the guidelines were meant to be continued till the Vishaka guidelines replaced with suitable legislation. Nearly 15 years later, in Medha Kotwal Lele v. Union of India (2012), the Supreme Court again emphasised that the implementation of Vishaka should be true to its substance. The Court observed with concern that women lawyers still lacked a proper grievance redressal mechanism. It directed the Bar Council of India to ensure that all persons registered with State Bar Councils followed the Vishaka guidelines. Further, in Binu Tamta v. Delhi High Court, the Supreme Court further advanced this jurisprudence by formulating the Gender Sensitisation and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal) Regulations, 2013, with the aim of making the Supreme Court premises a safer place for women advocates. In this backdrop, the Bombay High Court's recent judgment is concerning. While it acknowledges both Vishaka and Medha Kotwal Lele, it falters to reckon with the directions contained in those judgements. The High Court's reasoning is premised on the belief that the enactment of the PoSH Act rendered Vishaka obsolete due to its sunset clause. However, the Vishaka guidelines still continues to hold good for all working women, who are otherwise not protected by the PoSH Act. The sunset clause did not extinguish Vishaka; it still shines; it merely defers to a legislative framework that meets or exceeds its standards. Where such a framework is found wanting or inapplicable, Vishaka continues. Compounding this, it has been suggested in the judgement that women advocates can pursue disciplinary remedies under the Advocates Act, 1961. A similar issue was dealt with in Medha Kotwal Lele. It led the Supreme Court to direct the government to amend service rules and incorporate the Vishaka guidelines since service rules were observed to be incapable of dealing with complaints of sexual harassment. In sum, the judgment raises serious and far-reaching concerns for all working women, beyond the legal profession. It affects all working women who may not be working in the realm of traditional employer-employee model. Consider gig workers for example. India has 7.7 million of them, yet legal recourse in instances of sexual harassment remains unclear. Companies call them 'partners' instead of employees to avoid social security benefits, which also ends up taking away their rights under the PoSH Act. As work patterns continue to evolve, it must follow with an expansive interpretation of the PoSH Act in line with the Vishaka guidelines. Without which, it risks becoming irrelevant to the majority of women entering the modern workforce. Therefore, even though as per the High Court's Judgement, women advocates do not have recourse to PoSH Act, any working women who is not covered under PoSH can still resort to the Vishaka guidelines and the employer or other responsible person is duty bound to abide by the constitutional mandate of providing a safe workplace. This article is authored by Anindita Pujari, senior advocate and Shaileshwar Yadav, advocate, Supreme Court.
Mint
4 days ago
- Mint
India-UK CETA can pick up India's legal services exports due to wider market access, domain experts say
New Delhi: The landmark India-UK free trade agreement is expected to open the doors for law firms from either country to practise in the other, particularly in areas such as commercial contracts and international arbitration, said legal experts and practitioners. Enhanced bilateral trade and investments following the India-UK FTA will likely increase the volume of cross-border transactions, driving demand for legal services in mergers and acquisitions, intellectual property, and international dispute resolution, they said. The India-UK trade agreement signed by Prime Minister Narendra Modi on 24 July won several waivers for Indian exporters to the UK while protecting India's interests. Indian legal practitioners and law firms have been allowed to practise international law in foreign jurisdictions, including the UK. But it was only in May that the Bar Council of India notified amended rules allowing foreign lawyers and law firms to practise international law in India in a regulated, non-litigious capacity. 'Indian firms have long advised international clients across jurisdictions, and CETA (India-UK Comprehensive Economic and Trade Agreement) does not alter that existing access in any way," said Hemant Sahai, founding partner, HSA Advocates. 'Indian lawyers were always entitled to practice international law in the UK. The converse was not true. The real shift, if any, may be on the Indian side as CETA could potentially facilitate greater access for UK law firms into the Indian market," said Sahai. Ayush Mehrotra, partner at law firm Khaitan & Co., said as the India-UK agreement is expected to boost trade and investment, there will be increased demand for legal services related to cross-border activities. 'Indian firms specialising in corporate law, M&A (mergers and acquisitions), intellectual property, international arbitration, and international trade will be well-positioned to serve clients involved in these transactions," said Mehrotra. Increased trade and investment between the two nations also increases the possibility of disputes, creating an opportunity for India's arbitration lawyers and arbitrators, said Shashank Garg, senior advocate and arbitration counsel. 'As it is a common norm for such deals and contracts to subscribe to arbitration as their preferred dispute resolution mechanism, this may bring in a lot more work for Indian arbitration practitioners, reputed institutions based in India as well as qualified arbitrators," said Garg. The principle of reciprocity Policy experts said India's laws for foreign law firms and lawyers, embedded in the Bar Council's recent amendments, are protectionist. Foreign law firms are uncertain about coming to India under strict 'fly-in, fly-out' rules and limited scope of practice, Mint reported on 23 May. BCI's new rules require foreign lawyers to disclose the duration, purpose and the nature of legal work every time they visit the country. Reciprocity of market access is a key feature of bilateral trade and investment agreements, policy experts said. 'The principle of reciprocity is addressed more in spirit than in full equivalence (in the India-UK deal)," said Manuj Bhardwaj, executive secretary, Indian National Association of Legal Professionals. 'India still maintains restrictions on foreign law firms practising domestically, while the UK has a more liberal approach." Bhardwaj, however, said the India-UK agreement was a step towards more reciprocal market access. 'The CETA creates a structure within which reciprocal access can be expanded over time, particularly if India continues to explore phased liberalization in legal services," he said. The India-UK trade agreement also has a provision where both countries agree to work on mutual recognition agreements (MRAs), which have the potential to streamline market access for both nations, legal practitioners told Mint. 'Without a mutual recognition agreement for qualifications and licensing, Indian lawyers may still face regulatory hurdles in practising UK law or integrating into UK firms," said Bhardwaj. At the same time, the trade deal promises 'enhanced mobility" for professionals from both nations. 'Enhanced Mobility will simplify visa procedures and liberalise entry categories for professionals, including legal professionals, benefiting those in short-term assignments or advisory roles," said Mehrotra of Khaitan and Co.
Time of India
25-07-2025
- Time of India
Rajkot advocates ask for appointment of new district govt pleader, AGPs
Rajkot: A delegation of senior advocates from Rajkot met Gujarat minister of state for home Harsh Sanghavi during his visit to the city, demanding the appointment of a new district govt pleader and expedited appointments of assistant govt pleaders (AGPs). Dilip Patel, senior advocate and co-chairman of the Bar Council of India, said, "The current district govt pleader has been holding the post for eight years and has passed retirement age. The govt should retire him and appoint a successor. Interviews for assistant govt pleaders were conducted three years ago, but no appointments have been made so far." The district govt pleader heads the prosecution and assigns cases to AGPs in all courts. The advocates also voiced concerns about police conduct. They alleged that some junior police personnel behave rudely when lawyers visit police stations on behalf of clients. Additionally, they raised concerns about the city's worsening traffic situation. Vijay Togadiya, a secretary of the Revenue Bar Association, said, "We made a representation on the issue of the Disturbed Areas Act; which some people misuse through certain loopholes." by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Access all TV channels anywhere, anytime Techno Mag Learn More Undo Sanghavi, while speaking to mediapersons later, said, "We are developing a master plan to resolve traffic issues across all cities in collaboration with municipal corporations. The police will act on suggestions from MLAs and party leaders. This coordinated effort will produce a 50-year roadmap for traffic management." New Cyber Crime police station inaugurated in Rajkot The state-of-the-art Cyber Crime police station for Rajkot range was inaugurated on Friday by senior minister Raghavji Patel in the presence of MoS home Harsh Sanghavi. The facility, built at a cost of Rs 4.41 crore, will handle serious cyber offences in Rajkot Rural, Jamnagar, Morbi and Devbhumi Dwarka districts. Located in a four-storey building, the station has a conference hall, data forensics lab, cyber helpline, monitoring and analysis rooms and a dedicated unit for child pornography cases. Sanghavi also inaugurated police housing projects at Ramnathpara, Vinchhiya and Atkot. 185 Pakistani migrants granted Indian citizenship in Rajkot During his visit, Sanghavi conferred Indian citizenship to 185 Pakistani nationals living in Rajkot, Morbi, and Kutch under the Citizenship Amendment Act (CAA) 2019. At a Lok Darbar, Sanghavi also heard grievances from 64 applicants and instructed police officials to resolve their issues promptly.
