The Jammu and Kashmir and Ladakh High Court recently refused to hear the plea of a woman lawyer who appeared in the court wearing a niqab. The female lawyer refused to show her face, which the court termed against the rules and adjourned the hearing of the case.
Case: Lawyer appeared in court wearing a mask
On 27 November 2023, a woman lawyer appeared in the High Court on behalf of a petitioner in a case related to domestic violence.
- The female lawyer revealed her name as Syed Enan Qadri.
- She was dressed as a lawyer, but her face was covered with a mask.
- Justice Rahul Bharti requested him to remove the mask, but the lawyer refused to show his face, calling it his fundamental right.
Court’s stance
Justice Bharti said that in the case of face covering:
- Identity verification not possible:
The woman’s identity as a lawyer could not be verified. - Violation of rules:
The dress code prescribed by the Bar Council of India (BCI) was not followed. - Hearing adjourned:
While adjourning the hearing of the case, the court asked the Registrar General to investigate the rules of BCI.
BCI rules: Dress code for women lawyers
High Court Justice Moksh Khajuria Kazmi made it clear in her order on December 13:
- BCI Rules:
- Dress code for lawyers is mentioned in Chapter IV (Part VI), Section 49(1) (GG) of the Bar Council of India (BCI).
- Under these rules, masks or face coverings are not allowed.
- strict rules:
- Women lawyers cannot plead cases with their faces covered or wearing a burqa.
court decision
Justice Moksh Khajuria Kazmi, citing the Registrar General’s report, said:
- Appearing in court wearing a mask is not in accordance with the professional conduct and dress code of a lawyer.
- Now another lawyer appeared on behalf of the petitioner in this case, but the court fixed the next date for hearing.
Woman lawyer’s argument: Claim of fundamental rights
Female lawyer to cover face:
- Told him his fundamental right.
- Said that the court should not be forced to remove it.
However, the Court rejected this and said that a lawyer’s professional conduct and dress code is part of the judicial process.
