The High Court of Jammu and Kashmir and Ladakh has ruled that women advocates cannot appear before the court with their faces covered, referencing the Bar Council of India (BCI) rules governing the dress code for advocates.
This ruling came after a woman, identifying herself as an advocate, appeared in court wearing a face covering. When asked to remove it for identification, she claimed that it was her fundamental right to do so. The court, led by Justice Moksha Khajuria Kazmi and Justice Rahul Bharti, directed the Registrar General of the High Court to verify the legal position on the dress code. Upon reviewing the BCI’s provisions under Chapter IV (Part VI), the court found no provision allowing face coverings as part of courtroom attire.
The BCI rules outline that female advocates may wear black full-sleeve jackets or blouses, white bands, sarees, or other traditional attire, along with a black coat. However, there is no mention of face coverings being permissible.
Justice Kazmi said, “It is nowhere stated in the rules that any such attire (face cover) is permissible for appearing before this court.” Justice Bharti further said that it is necessary to clearly identify advocates in court to maintain the sanctity of proceedings. He added that refusing to comply with identification requests made it impossible for the court to confirm the advocate’s identity, leading the court to deny her appearance as an advocate.
The court also warned that failure to ensure proper representation could lead to the dismissal of the case.
