Written by: KANISHKA BHATNAGAR , GALGOTIAS UNIVERSITY, 2nd YEAR LAW STUDENT
INTRODUCTION
It's not simple for a woman to practise law in India. The legal profession faces prejudice and gender bias, just as many other professions.
The legal profession in India is beset with structural hurdles, societal expectations, and systemic gender prejudices that present a variety of challenges for women lawyers. Women encounter numerous obstacles related to matters of safety and security. In addition, women are not always afforded an appropriate forum to speak their opinions in court. One of the main reasons why women do not choose litigation as their legal career is the politics of male advocates who want to silence the voices of women. Women have been instrumental in shaping history throughout human history. The place of women in society and the jobs they hold mirror the general progress of the country. As long as women do not actively participate in national activities, a nation's social, economic, or political advancement will degrade and stagnate. Nonetheless, it is terrible and paradoxical that society as a whole, including superiors, rarely take women seriously. Women struggle to balance work and home life because of their familial duties. There is still a long way to go for Indian women in terms of culture, society, and economy, even though more of them are working outside the home. It is believed that prejudice against working women based on their gender begins throughout the hiring process. With the exception of a few specific professions like teaching, nursing, and secretarial work, the majority of males in Indian society do not believe that women can work alongside men in all disciplines.
Due to undervaluation, Indian women generally choose low-demand employment, even for those with highly qualified abilities. It is the duty of women to handle their many responsibilities, both at home and in the workplace. Whether they are shaping their careers or actually practicing law, the legal profession always throws a lot of obstacles at them.
INDIA’S PAST WITH WOMEN LAWYERS
The first female lawyer in both India and Britain was Cornelia Sorabji. She was the first female graduate of Bombay University and the first female student of law at Oxford University. Her birth year was 1866. She worked very hard to provide legal representation for women who live in seclusion, known as Pardahnashin ladies. However, despite her qualifications, Sorabji was initially barred from practicing law in India due to pre-existing legal constraints. It wasn't until the Legal Practitioners (Women) Act was passed in 1923 that women in India were permitted to practice law. This made it possible for Sorabji and succeeding generations to officially join the field. In the years that followed, more women entered the legal profession, despite their modest numbers remaining there. Forerunners such as Anna Chandy, who became the first female judge in India in 1937, and Mithan Tata Lam, who was the first woman to practice law before the Bombay High Court, paved the way for later generations. Following independence, India saw a slow but steady increase in the number of female judges and attorneys. Women like Justice Fathima Beevi, who became the first female judge of the Supreme Court of India in 1989, and others who achieved similar firsts, have played a crucial role in ensuring that the judiciary reflects the diversity of the society it serves.
Women are under pressure to finish their work before dark because they feel uncomfortable. The court's infrastructure is also inhospitable to women's requirements; examples include the limited number of restrooms and the unwelcoming atmosphere in the shared workspaces.[3] Numerous female attorneys occasionally select cases based on the court's security and facilities, and they frequently encounter ongoing discrimination in the male-dominated industry. Due to personal or familial obligations, women may not appear in court; therefore, even the clients frequently prefer male representation. Male candidates are preferred for employment by legal firms and senior attorneys. The nation's top court concurs that being a woman lawyer is an ongoing struggle. The top justice of the nation recognized during the women lawyers' event that there are still insufficient numbers of women in the Higher Judiciary and that the nation's courtrooms lack inclusivity. Only when women from many backgrounds and faiths are given equal opportunities and advancement will the glass ceiling finally come down.
CHALLENGES
· Gender Discrimination
It’s almost a law of nature that women lawyers are judged and compared a lot to their male counterparts. In a lower court you can see women active but as you move up the ladder the number of women especially the young women diminishes as go up to the apex court.
Things have changed from thirty to forty years ago. There are now equal numbers of men and women in law schools, and there are even more female candidates than male candidates. However, we can see that more and more women lawyers are leaving the practice of law because they are not supported in their endeavors, or because their working environments are so unsafe or precarious that they are likely quitting. Circumstances may compel a woman to leave the position; women face obstacles in their personal and professional development since they are women in a field that is dominated by men and where being a lawyer is a means of advancement. Women are expected to make a clear decision between their personal and professional lives at some time; males are not concerned about this choice. As an associate, women must make decisions about marriage and promotions. These are extremely concrete choices that women must make or are expected to make due to the social implications of being a woman. Thus, the idea of a "glass ceiling" suggests that women are stuck at the top of the hierarchy and cannot advance. Women can advance below this threshold, but not above it. Because of this pervasive glass ceiling, women experience unfair treatment everywhere they go. Gender bias in litigation affects women in a number of ways. Skilled lawyer Pinky Anand feels that women face discrimination on multiple fronts when they pursue legal matters. Women deal with mostly male clients, attorneys, and judges on a daily basis. When they raise their voices to express their thoughts, it is seen as aggressive rather than forceful. Their virtues are sometimes overshadowed by this impression, and they are called aggressive.
· Gender-Wage Gap
Even though there are many talented women in the workforce, most companies are hesitant to invest in them. Many businesses see the expense of maternity leave and benefits adversely. Consequently, it should not be shocking that 84% of women working in law firms and businesses believed their employers underperformed in childcare support programs and 74% believed they underperformed in terms of promoting or mentoring women within the company. The situation is not improved by litigation. Women involved in litigation do not receive 12 weeks of maternity leave due to the way the court system is set up. While women are equally represented in the most esteemed law schools and at the outset of their legal careers, after graduation, they are not as well-represented in the workplace or in positions of higher authority. Discrimination in the system prevents them from moving higher. Critics frequently bring up the fact that gender bias exists within the fraternity and that women are assigned to undemanding jobs. Law companies are less willing to invest in women because they worry that they would eventually abandon the field for other reasons. Because of this mentality, employers are less likely to invest in women lawyers during pivotal moments in their careers.
· Managing Work and Family Responsibilities
It can be particularly challenging for women attorneys to strike a balance between their professional and personal commitments. This conflict often results in less opportunities for career advancement.
Maternity Leaves: Maternity leaves may have a detrimental effect on women lawyers' careers. Many of the women who work in litigation, legal firms, and corporations claim that taking maternity leave has an impact on their career pathways.
· Obstacles in Courtrooms:
Safety Concerns: Women attorneys face pressure to wrap up their work before dusk due to safety concerns. The poor amenities, like a shortage of restrooms, exacerbate their issues. Prejudice: Women regularly experience ongoing prejudice in the male-dominated legal profession. Because they believe women won't be able to attend court due to personal or family obligations, clients occasionally request male solicitors.
Preference for Hiring Men Only: It is more difficult for women lawyers to succeed when senior solicitors and legal companies choose to hire male candidates. Not even the most senior judge in the country disputes the need for more women in the judiciary and in courtrooms.
· Changing the Environment:
Female solicitors still confront challenges notwithstanding the advances made in recent decades. The percentage of male and female students at law schools has leveled off, but the attrition rate among female practitioners remains a cause for worry. The glass ceiling won't completely come down until women of various backgrounds and ideologies are promoted to senior roles.
Women continue to be underrepresented in prominent positions in law firms and the court, despite significant advancements towards gender equality. Concerns on the underrepresentation of women in the upper judicial domain were voiced by Chief Justice of India Dr. D.Y. Chandrachud during a celebration commemorating the centennial of Dr. Bhimrao Ramji Ambedkar's legal profession. Justice Chandrachud noted that women were still underrepresented in the court, despite the fact that in many States, particularly at the district level, they constituted a significant percentage of new hires (usually between 70 and 80 percent). In addition, women who work in litigation usually have a number of particular challenges that distinguish them from their male coworkers. People encounter gender-based microaggressions, for instance, when they are yelled down, talked over or interrupted during court procedures, written off as being overly emotional, or even the object of bullying and verbal and sexual harassment.
· Gender Bias and Stereotyping:
Gender Bias remains widespread in the legal profession. Women lawyers often face stereotyping that undermine their capabilities and contributions. These biases manifest in different ways, from subtle assumptions about their competence to overt discriminatory practices.
For example: Women are frequently viewed as less aggressive or authoritative compared to their male counterparts, traits that are traditionally valued in legal settings. This bias can impact hiring, promotion, and client interactions, which in turn hinders women’s advancement to leadership roles.
Conclusion: Need to Change
Indian women lawyers encounter a variety of difficulties, such as high expectations, restricted access to leadership positions, and gender bias. Balancing obligations at home and work is still difficult, but progress toward equality and inclusivity is essential for a more just legal profession.
The women who are entering the legal field are not in bad health. According to the Common Law Admission Test for National Law Universities, women make up about half of applicants taking law courses. At State/Central Universities, the percentage of female students is close to 50%, although there is a significant gap in the legal profession. From the bottom up, changes must be made. It is necessary to redesign the legal system as well as the workplace to create a welcoming atmosphere where female professionals can operate without hindrance. There is now no reservation policy for women in the upper court, and there are inconsistencies in the subordinate judiciary due to state-by-state variations in reservation policies. Former Indian Chief Justice NV Raman asserts that "the representation of women in the judiciary is not a matter of charity but of right." The Indian judiciary is in charge of upholding and safeguarding fundamental rights, but it is also evident that judges, who are important members of the system, exhibit and reflect the emotions and sensitivities of society just like any other product of human intellect. For this reason, it is crucial to ensure that there are a variety of voices in order to counteract the social evils of casteism, sexism, and political extremism, which are inimical to the idea of the judiciary. More gender representation in the judiciary would enable a more critical and contextual perspective when addressing gen der-related issues; this would not only help the institution become more gender-neutral but also enable more informed decision-making and boost public trust in the judiciary. If there are more and more prominent women in the judiciary, women will be more motivated to defend their rights and pursue justice.
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