Jammu & Kashmir High Court: Face Covers Not Permissible for Women Advocates
Authored by Kiran Raj
In a landmark decision, the High Court of Jammu and Kashmir and Ladakh has held that women lawyers cannot appear in court with their faces covered, as such attire is not permitted under the Bar Council of India (BCI) rules. The ruling has sparked significant discussion about the balance between personal rights and professional conduct in legal practice.
The matter arose on November 27, 2024, during a hearing before Justice Rahul Bharti. A woman, identifying herself as Advocate Syed Ainain Qadri, appeared to represent petitioners in a case seeking to quash domestic violence charges. She was dressed in a black coat and white bands, as required by the BCI rules, but her face was covered. When asked to remove the face covering for identification, she refused, asserting it was her fundamental right to appear in court in her chosen attire.
The court, however, declined to entertain her appearance, stating that it could not confirm her identity as a person or as a professional due to the face covering. Justice Bharti, in his order, noted, "This court does not entertain the appearance of the person identifying herself to be Advocate Ms. Syed Ainain Qadri as counsel for the petitioners as this Court has no basis/occasion to confirm her actual identity both as a person as well as professional."
The incident prompted the court to direct the Registrar General to review the rules governing advocates' dress code and clarify whether face coverings are permissible. The Registrar General submitted his report on December 5, referencing Chapter IV (Part VI) of the BCI rules, formulated under Section 49(1)(gg) of the Advocates Act. The rules prescribe specific attire for women lawyers, including sarees, long skirts, churidar-kurtas, or other subdued traditional outfits, paired with black coats and white bands. However, the report confirmed that there is no provision for face coverings in the prescribed dress code.
On December 13, Justice Moksha Khajuria Kazmi, citing the Registrar General’s findings, concluded, "It is nowhere stated in the rules that any such attire [face cover] is permissible for appearing before this Court." She emphasized the importance of clear identification of advocates to uphold the integrity of judicial proceedings.
The court refrained from a detailed examination of the issue, as Advocate Qadri, did not attend subsequent hearings, limiting further deliberation.
