Top of the Class, Absent from Advocacy: The Quiet Struggle of Young Women Lawyers

Tanzila Rahman                                                                                                      

Aligarh Muslim University, Centre Murshidabad                                                                                 

 

Article 14 of the constitution of India assures equality to all its citizens. Advocates and judges are entrusted with the duty of administering justice. But the paradox is, if any women’s right is encroached upon, she approaches the court for relief and legal stake holders facilitates her to get justice, on the other hand women in same legal community face exclusion, inequality and unfair treatment. Within Indian legal system, women are not only facing prejudgement and professional constraints but even struggling to find fundamental support systems predominantly in litigation and elevation to the higher judiciary.

It was quiet challenging for women to take step into legal community. First and foremost it was notably hard to get permission from parents to opt law as a carrier because law was not regarded as a profession which women could choose. The mindset was, if a girl becomes lawyer, this will make her audacious and decisive and thus, it will be a humiliation for family. Despite this, if a girl pursued LLB, she was not permitted to practice as an advocate in courts. High court of Patna and several other courts explicitly concluded that the expression legal practitioner will not involve a women lawyer. Miss Sudhan Shubala Hazra was a prominent Indian lawyer who completed her LLB from Calcutta University struggled for getting enrolled as an advocate in Patna High court. First female lawyer of India, Cornelia Sorabji required exceptional permission to read in the oxford library. Anna Chandy, the first women high court judge. Mithan Tata Lam, the first women to practice law at Bombay High Court. Meera Fatma Bibi, the first women to become the judge of Supreme Court. These inspiring women laid the foundation for future women lawyers in India. After the years of perseverance, finally in 1923, the legal practitioners act was passed, in which women got the right to practice as an advocate in courts. This was the beginning of women entering the legal profession.

In the present context, Female law students across the country are emerging as frontrunners. In comman law admission test which is conducted by consortium of NLU’s, 50%of application forms are of women. In state and central universities women are almost in same ratio as men. They are excelling in academics, merit rank holders and even demonstrating superior performance in moot courts. But this is merely a fragment of the broader picture because approximately only 15.31% of women lawyers are in litigation, according to the bar council of India. Most female students after completing their B.A.LLB opt for corporate lawyer. The remaining prefer to prepare for lower judiciary examination and get a steady job because the selection is purely based on merit. An alarmingly low number of female student go for litigation. Being among the top performers in their law school, they did not prefer practicing in courts. What is the reason?

Institutional gender bias limits women participation in advocacy people in India still believes that a female lawyer will not be able to handle their case effectively. Women can’t argue because this profession was meant for male. The women lawyers often endure hardships to secure briefs. They are paid less by the seniors lawyers as it is a presumption that they are less assertive and will not do their work sincerely. They are often considered less competent than male lawyers. This gender bias limits the women participation in litigation.

Article 14. This mentioned article of the Indian constitution guarantees equality before the law and even forbids discrimination on the basis of sex.  Article 14 can be invoked in cases relating to gender bias.

The Equal Remuneration Act, 1976: This act mandates equal pay for equal work and prohibits discrimination in wages on the basis of gender.

Madhu Kishwar v. State of Bihar, AIR 1996 SC 1864                                                                     The apex court held the need to endorse gender equality and women have equal rights under the law. This case is related for women lawyers arguing for gender equality bringing attention to the significance of legislative reforms for addressing gender disparity in legal field.

Professional personal equilibrium advocacy involves working long hours. Most of the female lawyers struggle to find work life balance. It becomes difficult for them to work in odd hours. As women are expected to handle   household responsibility it becomes difficult to manage both. The societal expectations and cultural norms shaped their life. Women lawyers even take long break as maternity leave and after when they are back to practice, it becomes even more difficult with added responsibility of child. This discourage female lawyers to excel in legal profession.

Work environment Unsafe for women lawyers security is a big concern for lady lawyers. Workplace is male dominated and there are many instances of women lawyers being harassed at their work place. The concern of their carrier often prevents them from raising their voice, which makes this issue still overlooked. This unsafe environment contributes significantly in limiting women participation in advocacy.

Suo Motu Writ Petition (Crl.) No. 1 of 2019, In Re: Expeditious Trial of Cases of Sexual harassment                                                          The apex court issued directives for fast tracking of trials in cases related to sexual assault.

Vishaka v. State of Rajasthan, AIR 1997 SC 3011                                                                  

In this case, supreme court laid down Vishaka guidelines, provided legal mechanism to address sexual harassment at work places.

MC Mehta v. Union of India, 2000

In this case a female advocate was harassed in the Supreme Court premises, which led to a improved security measures to protect women lawyers. The Supreme Court took initiatives for improving safety within courts, preventing sexual harassment highlighting the significance of safe environments of workplace for women.

Lack of professional assistance and networking                                        

In legal field if you are having a great networking then there are very high chances of your success. Good networking helps you to get clients. Women lawyers often face difficulties in getting guidance and mentorship because of lack of female role models and senior lawyers. This another great challenge for young women lawyers as this field is mostly male dominated and gender differences makes it difficult for them.

Underrepresentation and marginalization women are excelling in law schools but rarely you will find women in higher judiciary and top law firms. Even after 78 years of independence, India has not appointed a female chief justice. Why women are left behind in holding leadership position despite being rank holders. If we look at number of female judges in High courts and supreme courts, the figures are very disappointing. The factors of selection criteria pauses their selection in higher judiciary. A very less no of women advocates are choosing litigation and after that very less of them are able to flourish their carrier and very limited of them get elevated into higher judiciary.

Conclusion

It is very significant for Indian legal system to transform so that they can they address the challenges that women lawyers in India are facing. Crime against women are rising at great pace but not the female advocates. Certain steps should be taken to bridge the gap. Women lawyers should be given flexible working hours so that they can manage personal and professional life perfectly. Lower judiciary exam should be regularly held, then there will be a high chance of women elevating to higher bench of High court and Supreme courts. There is a urgent need of improved infrastructure of Indian courts in order to make environment sustainable and conducive. There should be gender sensitive court structure in order to make women feel safe and comfortable. Strict implementation of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, thus ensuring that no women lawyer face sexual harassment in courts. These steps are necessary for the safety of women lawyers.Women lawyers also need to be resilient and perseverant in order to encounter every professional challenge and legal battles confidently. Women lawyers from the very starting of their carrier should be multitasking in order to outperform in every responsibility. They should be skilled with the art of time management which will help them to manage every task they are assigned. At the time of maternity leave women lawyers should remain in touch with current judgements, acts and ordinances to ensure continuity in professional competence. They can even utilize their time in contract drafting and writing legal articles. Very prominently, it is the duty of female lawyers to remain very supportive to other female lawyers and always encourage them. With equal opportunities, mentorship and guidance the young women lawyers will thrive.

REFERENCE

The Challenges Faced By Women Lawyers In India » Lawful Legal

[2] https://www.scribd.com/document/102128508/Challenges-Faced-by-Indian-Women-Legal-Professionals-Full-Report

(PDF) CHALLENGES FACED BY WOMEN IN LEGAL PROFESSION IN INDIA

THE CHALLENGES FACED BY WOMEN LAWYERS IN INDIA