J&K HC Rules Against Veils For Women Advocates In Court

The High Court of Jammu and Kashmir and Ladakh recently addressed the Bar Council of India’s dress code for women advocates, stating that it does not permit them to appear in court wearing veils. The observation came in response to an incident on November 27, where a woman, claiming to be advocate Syed Ainain Qadri, appeared in court with her face covered. She was representing petitioners seeking to quash a domestic violence complaint.

When Justice Rahul Bharti asked her to remove the veil, the woman refused, citing her fundamental rights. As a result, the court declined to recognize her appearance due to the inability to verify her identity. "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," Justice Bharti stated in his order.

The case was adjourned, and the Registrar General was instructed to review whether the dress code allowed for such attire. Following the review, the Registrar General's report, submitted on December 5, confirmed that no such provision existed.

On December 13, Justice Moksha Khajuria Kazmi affirmed that the dress code for women advocates, as outlined in Section 49(1)(gg) of Chapter IV (Part VI) of the BCI Rules, does not permit face coverings. "It is nowhere stated in the rules that any such attire is permissible for appearing before this Court," she observed.

Also Read: ‘BJP Ended One Nation, Two Constitution’: JP Nadda On J&K

The Registrar Judicial's report, also submitted on December 5, clarified that the BCI Rules do not allow veils for female advocates in the courtroom. The prescribed dress code for female advocates includes a black full-sleeve jacket or blouse with a white collar, white bands, and an advocate’s gown. Alternatively, a white blouse with or without a collar, paired with a black open-breasted coat, is also acceptable. For lower garments, women can wear sarees or long skirts in white, black, or subdued colors, or choose from options like flared trousers, churidar-kurta, shalwar-kurta, or Punjabi dresses in similar colors. Traditional attire, when paired with a black coat and bands, is also allowed.

The report also noted that wearing an advocate’s gown is optional except in the Supreme Court or High Courts. Additionally, during the summer months, the black coat is not mandatory unless appearing in these courts.

A different lawyer later represented the petitioners, and the case was heard on December 6, with the judgment reserved. On December 13, the petition was dismissed, as the court determined that the petitioners had an alternative legal remedy.

Also Read: MHA Revises Jammu and Kashmir Reorganization Act To Expand LG's Authority