Starting with the induction of Cornelia Sorabji into the High Court of Allahabad (now Prayagraj) in 1921 to practice as an Advocate, the legal profession has opened its door for the women population in India. After passing the Legal Practioner’s (Women) Act, XXIII of 1923abolishing the bar on women from practicing law, Indian women were given right, to choose legal field as a profession.
Women’s entry in the legal profession is one of the most remarkable and revolutionary change in the legal profession. Today there are many women advocates who are well-know advocates, who inspire the upcoming generation of women to enter into the legal field.
But even after so many years, women lawyers are still not getting the position which a male lawyer gets, they are not getting the amount of case, which a male advocate gets. Or we can just say that, people still have the same thing in their mind which they use to have some 50-60 years back, that legal field is not for women? The answer is obviously NO.
Justice Indu Malhotra, well-known Supreme Court judge, once said in a conference that even in the 21st century, women advocate faces difficulty, to establish themselves, to grow their network which is an important thing in the legal field.
In a study it was found that majority of the women in the profession faced various challenges like lack of support from senior male colleagues, derogatory remarks, unsatisfactory infrastructure of the court complex etc. while pursuing the profession. The results of the remaining studies offered hope, however as the women class of the profession are very keen and enthusiastic to contribute to the development of the profession if the challenges faced by them are removed considerably.
The research findings suggest that though most of the women are encouraged by their family to join litigation profession but they are not satisfied in the profession due to various factors. The first and the foremost reason for the prevailing dissatisfaction is the lack of infrastructural facilities in the court premises. Though most of the court complex have different washrooms marked for the Male and Female Advocates but they are in very unhygienic state which is a very disappointing finding. This is alarming because it has detrimental health consequences. Proper hygiene and sanitation measures must be followed in washrooms not only for female advocates but also for the general public as court complex is being visited by thousands of people on a daily basis.
Further, majority of the female advocates surveyed highlight that there are no provisions for day care or crèche facilities in court premises. The biggest problem for married advocates is that at the age when their biological clock demands motherhood and they have to make a choice whether to go the family way or pursue the “chair”. Once she goes the “Family way”, after she returns, the equations would change and then she would have to start all over again. Therefore, finding the ideal career-family balance is a challenge for most women, which can be accomplished by day care facilities, crèches and other facilities in court premises to facilitate work-life balance.
Apart from the lack of infrastructural facilities, another contributing factor for the dissatisfaction among females in litigation profession is the prevailing gender discrimination in the profession. Though Women are no strangers to gender discrimination. During the semi structured interview a female practitioner revealed that the office staff had a patronizing attitude towards women while having a mindset that favoured male lawyers. Another female lawyer confirmed that at some point in her professional career she and some other female lawyers also suffered sexual harassment. Although the findings suggest that majority of women legal professionals have not experienced gender discrimination in any form, the number of those who have is still substantial and not insignificant. Such prejudice at a place where justice is anticipated is also a cause of deep concern. And also, the majority of women have faced hardships in the profession.
Another significant factor is the attitude of the clients towards the female advocates. This factor has its root in the stereotypical approach of the society towards females. Women are often considered week as against their male counterparts. Clients often assume that a female solicitor may be too soft to manage an aggressive negotiation or a complex litigation.
CONCLUSION-
The ongoing challenges and inequalities that women face in the legal profession need to be challenged and addressed. One of the best ways to remedy the situation is to reduce the obstacles faced by the women’s class that affect their work performance and deter them from entering the litigation profession is to provide them with the necessary infrastructural facilities to make their workplace more comfortable and convenient.
The role of the Indian Bar Council in fostering a conducive working atmosphere is of great importance in addressing the said problem. Section 7 of the 1961 Advocates Act mandates the Indian Bar Council to safeguard the lawyers’ rights, privileges and interests. Also, the State Bar Councils are expected to safeguard advocates’ interests on their roll and to hold seminars. It is therefore the Bar Council’s primary and most important duty to provide the women’s community with basic infrastructural facilities through the provision of clean and hygienic washrooms, bar rooms etc. The Bar Councils should also regulate the procedure for allocating chambers in the court complex, as most Female Advocates do not even have one chamber while in some cases their male counterpart has two or even more. Thus, by providing chambers women will have conducive working environment which would lead to positive impact on their efficiency.
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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