As per the Bar Council of India (BCI) rules, women lawyers are not allowed to plead in the courtroom with their faces covered. This directive was clarified in a recent judgment by the Jammu and Kashmir and Ladakh High Court.
The judgment, issued on December 13, 2024, addresses an incident from November 27, when advocate Syed Ainain Qadri appeared in court with her face covered while representing petitioners in a domestic violence case. She argued that covering her face was her fundamental right, but the court insisted that her identity needed to be verified.
The court expressed its inability to recognize her appearance as a legal representative because it could not confirm her identity. It stated that “this Court does not consider the appearance of the person calling herself Advocate Ms. Syed Ainain Qadri as counsel for the petitioners as this Court has no basis/occasion to verify her identity as a person and as a professional.”
Senior Advocate Sajjad Mir, who was present during the hearing, explained that when the lady lawyer refused to uncover her face, the court adjourned the matter and directed the Registrar General to review the Bar Council rules regarding the dress code for female lawyers.
Upon review, the Registrar General submitted a report on December 5, confirming that the rules under Section 49(1)(gg) of Chapter IV (Part VI) of the BCI Rules do not allow for a lawyer to appear in court with her face covered.
The rules specify that the prescribed attire includes a black full-sleeve jacket or blouse with a white collar and bands, with specific options for sarees, skirts, or traditional dresses, but there is no provision for covering the face.
On December 13, the judge, after considering the Registrar General’s report, reiterated that there is no provision in the rules permitting women lawyers to appear with their faces covered. The female lawyer did not appear on this date, and the case was argued by a male lawyer instead.
Senior Advocate Sajjad Mir added that the court did not issue any further opinion on the matter, as the Bar Council’s dress code was already clear. The judge emphasized that a woman lawyer must be identifiable to the court, meaning she cannot argue a case while wearing a veil or hijab that covers her face.
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