“It is clear that the intention of the Legislature was to deal with a recognised existing profession, viz, that of Pleaders, which, up to that time, constituted of men only and to which men only could belong….” These lines were quoted by Justice L. Anderson in the famous case of Re: Regina Guha vs Unknown, 1916 Calcutta High Court. We all are aware of the developments happened after that. The Legal Practitioner’s (Women) Act of 1923, was enacted which granted women the right to practice law. Then we have Subhansu Bala Hazra, and Cornelia Sorabji who approached courts for recognising the right of women to practice as a lawyer. We can say that women have fought a long battle to make their place in this profession. But the question lies that were the sacrifices made by these fearless women worth the battles they fought?
The recent data published by the Law Ministry in Parliament reveals a striking statistic: only 15.3 per cent of lawyers in India are women. This figure is remarkably low, especially considering that a mere century ago, there were essentially no female lawyers in the country. This highlights both the progress that has been made in opening the legal profession to women and the persistent barriers and inequalities that still exist within it.
It has been reported that the enrolment of male and female students in law studies has reached near parity. Nonetheless, the ongoing trend of women leaving the legal profession persists.
Several factors are linked to this situation, contributing to its outcome. The barriers hindering her advancement within the organisation are deeply ingrained in its culture. Among these obstacles are being passed over for promotions, encountering prejudiced behaviour stemming from the disproportionate burden of caregiving responsibilities placed on women, facing stereotypes perpetuated through language and actions, and the absence of facilities tailored to women’s needs. It is evident that Indian society, both culturally and economically patriarchal, significantly obstructs the career growth of women in the workforce. It is observed that while actions such as being assertive, tough, bold, and confident have their value, they alone are insufficient to bring about significant change. It’s ironic that while the Constitution of this nation protects against discrimination based on “sex,” and the esteemed Court has recognised perpetuating gender stereotypes as a form of such discrimination, it’s disheartening that instances of gender biasness and sexism persist in this very domain. Within courtrooms, conversations regarding women’s clothing, marital status, and professional accomplishments are frequent among all involved parties. This conduct is deeply embedded and accepted to the point where its derogatory nature may go unnoticed. At times, distinguishing between humour and sexist remarks becomes difficult for them.
Acknowledging that the responsibility to address inequality cannot rest solely on women, it becomes imperative that pivotal role of men as allies is also emphasised. Given that men still predominantly occupy the highest echelons of most professions, they possess the influence to foster attitudinal shifts within organisations, thereby fostering a more supportive workplace environment for women. The barriers hindering her advancement within the organisation are deeply ingrained in its culture. Among these obstacles are being passed over for promotions, encountering prejudiced behaviour stemming from the disproportionate burden of caregiving responsibilities placed on women, facing stereotypes perpetuated through language and conduct, and the absence of facilities tailored to women’s needs. It is usually observed that women veer off their career trajectories due to myriad smaller factors and daily challenges rather than explicit discrimination or lack of determination or capability. The treatment of women reflects the values and attitudes embedded within society. While there has been a noticeable shift in the courts’ attitude, exemplified by the recent appointment of 11 senior female advocates, bringing the total count to 23 compared to 458 male counterparts, the gender disparity remains substantial.
Witnessing the capabilities of women and their own realisation of potential will inspire greater participation from women across all spheres. This collective empowerment not only benefits women but also contributes to the betterment of society as a whole. As we embrace gender equality and inclusivity, we pave the way for a more equitable and prosperous future for everyone.
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