The High Court of Jammu and Kashmir and Ladakh recently addressed the issue of women advocates wearing face coverings in court, concluding that such attire violates the Bar Council of India (BCI) dress code.
The matter arose when a woman, identifying herself as an advocate, appeared before the court with her face covered. Upon being requested to remove the covering for identification purposes, she asserted it was her fundamental right to dress in that manner. This prompted the court to seek clarification on the dress code from the Registrar General.
The court examined Chapter IV (Part VI) of the BCI rules, which outlines the prescribed attire for advocates. For women, this includes black full-sleeve jackets or blouses, white bands, sarees, or other subdued traditional attire, along with a black coat. Notably, the rules do not permit face coverings as part of the courtroom dress code. Justice Moksha Khajuria Kazmi remarked that the rules do not state that such attire is permissible for court appearances.
Justice Rahul Bharti further emphasized the necessity of clear identification of advocates to uphold the integrity of judicial proceedings. He noted that by refusing to remove her face cover, the individual rendered herself unidentifiable, leading the court to decline her appearance as an advocate. Justice Bharti stated that the court had no basis to confirm her identity, both as a person and as a professional.
The court cautioned that failure to ensure proper representation could result in the dismissal of cases for non-prosecution. This ruling underscores the importance of adhering to the BCI dress code to maintain decorum and professionalism within the courtroom.
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