The Supreme Court of India has issued a notice concerning a petition from the Supreme Court Bar Association (SCBA) requesting significant reforms to promote gender equality within the legal profession. The petition aims to ensure that women lawyers can practice law on an equitable footing with their male colleagues.
The Bench, led by Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana, has decided to align this matter with an ongoing case. The petition, crafted by Advocate-on-Record Pragya Baghel and finalized by Senior Advocates Vikas Singh, Monika Gusain, and Anindita Pujari, stems from comprehensive surveys conducted by the SCBA’s Ladies Welfare Sub-Committee. Over 2,600 women lawyers nationwide participated in these surveys, which were presented at the SCBA’s inaugural National Conference in Bengaluru this March, inaugurated by CJI Surya Kant.
According to the survey results, 81.3% of the respondents believe their legal careers are more challenging compared to their male counterparts, and 53.9% indicated that men find it easier to be designated as Senior Advocates. Notably, the petition highlights the absence of women in top legal positions such as Attorney General or Solicitor General of India, with only six women ever having served as Additional Solicitor General since the country’s independence.
The survey also revealed that 72.3% of women advocates felt their gender negatively impacted their professional networking opportunities. Barriers include the inability to travel alone at night, stay at outstation hotels, or return late from court. Furthermore, 16.1% reported experiences of sexual harassment, with another 12.7% choosing not to disclose their experiences.
Concerns related to maternity and caregiving were also addressed, with 55.2% of participants noting difficulties in postponing court matters during childbirth. A significant 90% of respondents supported implementing formal “returnship” programs to assist women rejoining the profession after taking career breaks for caregiving.
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The SCBA’s petition is grounded in the constitutional rights outlined in Articles 14, 15, 19(1)(g), and 21, emphasizing that the right to practice law must be supported by adequate infrastructure and institutional support for women. The petition also references India’s commitments under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), particularly Articles 7 and 8, which address equal representation in public institutions, and Article 11(1)(d), which ensures equal pay for equal work.
The SCBA seeks several remedies, including a gender-inclusive policy for appointing women advocates as government law officers, a formal framework for maternity and caregiving accommodations allowing for deferments and virtual court appearances, and the establishment of crèche facilities within court premises. Additional requests include a national mental health helpline for advocates, mentorship programs, equitable chamber allocation for women and first-generation advocates, and a minimum stipend system for junior lawyers.
The Supreme Court’s notice on this plea aims to uphold and protect the fundamental right of women advocates to work with dignity within the profession.
