Women Advocates Can't Appear Before Court With Faces Covered As Per BCI Rules: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that women lawyers are not permitted to appear before Court with their faces covered under the BCI Rules.

The Court was considering a Petition seeking quashing of an order passed in an application filed by the Respondent under Section 12 of the Domestic Violence Act.

The single-bench of Justice Moksha Khajuria Kazmi observed, "....dress code of the advocates for appearing in the Courts is explicitly detailed out in Chapter IV (Part VI) [Rules under Section 49(1) (gg) of the Advocates Act] of the Bar Council of India Rules.......It is nowhere stated in the rules that any such attire is permissible for appearing before this Court."

The Petitioner was represented by Advocate Salih Pirzada while the Respondent was represented by Senior Advocate Jahangir Iqbal Ganai.

The Court, in the previous order, on the claim of Advocate Syed Ainain Qadri that it is her right to come and appear with her face covered and the court cannot insist upon her removing her face cover, had asked for the verification of the same by the Registrar General.  

" this court does not entertain the appearance of the person identifying herself to be 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 Court had observed in its previous order.

In the present order, the Court recorded, "This Court while considering the matter in terms of order dated 3. 27.11.2024, directed the Registrar General, High Court of J&K and Ladakh to confirm legal/rule position with respect to the dress code of the advocates in terms of a claimed right that a woman advocate can appear with her face covered and can turn down the request of the court to remove her face cover on the pretext of it being her fundamental right as an advocate to appear in the said state of attire".

The Court then noted that the said advocate did not appear before the Court on the date of the present order and hence the "Court does not require to go into this aspect of the matter any further".

The Court then proceeded to consider the case on merit and dismissed the same.

Cause Title: Mohammad Yasin Khan vs. Nazia Iqbal

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