Women lawyers are not allowed to cover their faces and argue in court. Jammu-Kashmir and Ladakh High Court has given this order in a case. Actually, the court has given this decision citing the dress code rules of the Bar Council of India (BCI).
These are the rules regarding dress code of women lawyers in court
Justice Moksh Khajuria Kazmi and Justice Rahul Bharti, who delivered the verdict, said that Chapter IV (Part VI) of the BCI Rules provides clear instructions regarding the attire of lawyers. The court further clarified in its order that as per the rules in the women advocate court, women can wear black full sleeve jacket or blouse, white band, saree or other traditional clothes. Apart from this, women lawyers can also wear black coat.
This was the whole matter
Actually, this matter came up in the court when a female lawyer appeared before the bench in a case with her face covered. When he was asked to remove it for identification purposes, he claimed that he was protected under his fundamental rights to do so. After this, the court directed the Registrar General of the High Court to submit a report on the dress code rules applicable to lawyers.
Clear identification of advocates is essential for the sanctity of judicial proceedings.
In his order, Justice Kazmi emphasized that nowhere in the rules does it state that any such dress (face covering) is acceptable for appearing before this court. He said that to maintain the sanctity of judicial proceedings, clear identification of all the advocates present is necessary.
Can you debate behind a veil?
After examining the registrar’s report, High Court judge Khajuria Kazmi gave this order. He wrote in his order that the Bar Council of India says that no woman lawyer can advocate in the court wearing niqab or burqa. The report cited the Bar Council of India (BCI) rules and said that Chapter IV (Part VI) mentions the dress code for women lawyers. The court says that nowhere in the rules of the Bar Council of India it is said that this dress of a woman lawyer is acceptable in the court.
The court said that under these rules, women lawyers can wear black coat with black full sleeve jacket or blouse, white band, saree or other traditional attire. However, there is no mention or provision for the use of face coverings as part of the required court attire. In this way the judge explained the rules to the female lawyer.
