Author: Anjali Sanyal, Techno India University, Kolkata West Bengal
ABSTRACT
Women lawyers in India encounter a multitude of challenges, both systemic and cultural, which hinder their professional growth and contribution to the legal field. Despite significant strides towards gender equality, the legal profession remains largely male-dominated, with pervasive gender biases and stereotypes. Women lawyers face discrimination in hiring, promotion, and remuneration, where they are often perceived as less competent than their male counterparts. The work environment in many legal firms and courts is not always conducive to their needs, with issues such as sexual harassment, lack of maternity benefits, and inadequate support for work-life balance being prevalent.
Moreover, the legal profession demands long hours and high levels of commitment, which can be particularly challenging for women who are expected to manage familial responsibilities simultaneously. The glass ceiling effect is also evident, as very few women reach senior positions or become partners in law firms. In the judiciary, women are significantly underrepresented, with only a small percentage of women serving as judges, especially in higher courts.
INTRODUCTION
Women lawyers face hurdles right from the start of their careers, dealing with biases in hiring, disparities in pay, and limited access to high-profile cases or leadership positions. The demanding nature of the profession, combined with societal expectations regarding women’s roles in the family, often forces them to make difficult choices between their career aspirations and personal responsibilities. Furthermore, the lack of gender-sensitive policies in many legal institutions exacerbates these difficulties, creating an environment where women have to work harder to prove their competence and commitment.
The legal profession, traditionally dominated by men, presents a unique set of challenges for women lawyers, particularly in a country like India, where societal norms and gender roles are deeply entrenched. Despite the increasing number of women entering the field of law, they continue to encounter significant barriers that hinder their professional growth and equitable participation. These challenges stem from systemic gender discrimination, workplace biases, cultural expectations, and structural inequities that are prevalent within the legal ecosystem.
Women lawyers also grapple with issues such as sexual harassment, lack of mentorship, and limited networking opportunities, all of which contribute to their underrepresentation in senior positions within the legal profession. The intersectionality of gender with other identities, such as caste, class, and religion, further complicates these challenges, particularly for women from marginalized communities.
HISTORY OF WOMEN LAWYERS IN INDIA
The first significant legal challenge came in 1916 when Cornelia Sorabji, a pioneering figure, became the first woman to graduate in law from Oxford University. However, despite her qualifications, she was denied the right to practice as a lawyer in India. It wasn’t until 1923, with the enactment of the Legal Practitioners (Women) Act, that women were officially permitted to practice law in India. This legislation was the result of persistent advocacy and pressure from women’s rights groups and supportive male allies.
The history of women lawyers In India is a narrative of struggle, perseverance, and gradual progress against a backdrop of deep-seated patriarchal norms and legal exclusion. The journey began in the early 20th century when the legal profession was an exclusive male domain, and women were not allowed to practice law.
Post-independence, the entry of women into the legal profession slowly increased, yet they continued to face numerous barriers. The first woman to be appointed as a judge of a High Court in India was Anna Chandy in 1959, who served in the Kerala High Court. It wasn’t until 1989 that Justice Fathima Beevi broke a significant barrier by becoming the first woman to be appointed as a judge of the Supreme Court of India. These milestones, though groundbreaking, were isolated successes in a field still overwhelmingly dominated by men.
Throughout the latter half of the 20th century and into the 21st century, more women began to enter the legal profession, aided by the spread of legal education and a growing awareness of women’s rights. Women lawyers began to establish themselves in various fields of law, including criminal, civil, corporate, and human rights law. However, despite their growing presence, women have continued to be underrepresented in higher judiciary positions and leadership roles within law firms.
Today, women lawyers in India continue to break barriers and challenge the status quo, playing a crucial role in shaping the country’s legal system and advancing gender equality. However, their journey reflects the ongoing need for systemic change to achieve true parity in the legal profession. In recent years, there has been a growing emphasis on gender sensitization within the legal system and the need for policies that support women lawyers, such as better maternity benefits, prevention of sexual harassment, and promotion of work-life balance. Despite these advancements, women still face substantial challenges, including gender bias, a lack of mentorship, and barriers to career progression, particularly in senior roles.
GENDER DISCRIMINATION
Gender discrimination against women lawyers is a pervasive issue that manifests in various forms within the legal profession, impacting their career progression, workplace experience, and overall professional development. Despite progress in gender equality, the legal field remains deeply influenced by patriarchal norms and biases, which create a challenging environment for women.
WORK – LIFE BALANCE BETWEEN FAMILY AND RESPONSIBILITY
The legal profession is known for its demanding work hours, which can be particularly challenging for women who are also expected to manage family responsibilities. Many law firms lack flexible working arrangements or adequate maternity leave policies, forcing women to choose between advancing their careers and fulfilling familial obligations. This lack of support for work-life balance contributes to the high attrition rate among women lawyers and limits their long-term career prospects.
WORKPLACE CULTURE AND SEXUAL HARASSMENT
The workplace culture in many legal environments is often male-dominated and can be hostile towards women. Sexual harassment is a serious concern, with many women lawyers experiencing or witnessing inappropriate behavior from colleagues or superiors. The fear of retaliation or harm to their careers often prevents women from speaking out, leaving these issues unaddressed. Additionally, the lack of gender sensitivity and the prevalence of “boys’ club” networks exclude women from important professional opportunities and decision-making processes.
GENDER PAY GAP
The gender pay gap is a persistent issue in the legal profession, with women lawyers earning significantly less than their male counterparts. This disparity is not only a reflection of discriminatory pay practices but also of the systemic undervaluation of work typically assigned to women, such as less high-profile or lower-paying cases. Women are often steered towards areas of law considered less lucrative, further widening the income gap.
CASE LAWS
Madhu Kishwar v. State of Bihar, AIR 1996 SC 1864
The Supreme Court recognized the need to uphold gender equality and ensure that women have equal rights under the law. This case is relevant for women lawyers advocating for gender justice, highlighting the importance of legal reforms to address systemic gender bias.
Suo Motu Writ Petition (Crl.) No. 1 of 2019, In Re: Expeditious Trial of Cases of Sexual Assault Against Women
The Supreme Court issued directives for the fast-tracking of trials in cases of sexual assault. This case is significant as it addresses one of the systemic challenges that women lawyers face when dealing with sexual harassment or assault, ensuring quicker access to justice.
Vishaka v. State of Rajasthan, AIR 1997 SC 3011
The Supreme Court laid down the Vishaka Guidelines, which mandated employers to take steps to prevent sexual harassment and provide a mechanism for redressal. These guidelines were later codified into the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. This case is crucial for women lawyers as it provided a legal framework to address sexual harassment, a pervasive issue in many professional settings, including law firms.
MC Mehta v. Union of India, (2000) 6 SCC 213
The Supreme Court took steps to improve security and instituted measures to prevent harassment within court premises, emphasizing the importance of a safe working environment for women lawyers. The case underscored the need for institutional reforms to protect women in legal practice.
CONCLUSION
The challenges faced by women lawyers are multifaceted and deeply rooted in systemic gender bias, societal expectations, and structural inequalities within the legal profession. Despite significant legal advancements, such as the establishment of the Vishaka Guidelines and the codification of laws against sexual harassment, women lawyers continue to encounter obstacles that hinder their professional growth and access to justice.
To overcome these challenges, it is essential to foster a more inclusive and equitable legal environment. This can be achieved through the enforcement of existing legal protections, the implementation of mentorship and leadership programs, the promotion of flexible work arrangements, and the commitment to addressing unconscious bias within legal institutions. Additionally, raising awareness and engaging both men and women in the pursuit of gender equality is crucial to effecting lasting change.
Ultimately, the legal profession must not only recognize the value and contributions of women lawyers but also actively work towards creating a space where they can thrive without the burden of discrimination and bias. By doing so, the legal community can ensure that justice is truly accessible and representative of all individuals, regardless of gender.
FAQS
What role do legal institutions play in addressing challenges faced by women lawyers?
Legal institutions, including the judiciary, bar associations, and law schools, play a crucial role by promoting gender equality, implementing anti-discrimination policies, and ensuring that women lawyers have equal opportunities for professional growth and leadership.
Are there any landmark cases in India related to challenges faced by women lawyers?
Vishaka v. State of Rajasthan (1997): This case led to the formulation of the Vishaka Guidelines, which were the precursor to the Sexual Harassment of Women at Workplace Act, 2013, addressing the issue of workplace harassment.
MC Mehta v. Union of India (2000): This case involved the sexual harassment of a female advocate in the Supreme Court premises, leading to improved security measures and institutional reforms to protect women lawyers.
What legal protections are available for women lawyers facing discrimination or harassment?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013: This law provides protection against sexual harassment and mandates the formation of Internal Complaints Committees in organizations, including law firms and courts.
The Constitution of India: Articles 14, 15, and 16 guarantee equality before the law and prohibit discrimination on grounds of sex, which can be invoked in cases of gender discrimination in the workplace.
The Equal Remuneration Act, 1976: This act mandates equal pay for equal work and prohibits gender-based wage discrimination.
REFERENCE
https://www.legalserviceindia.com/legal/article-16798-challenges-for-women-lawyers-in-india.html
https://www.juscorpus.com/challenges-faced-by-women-lawyers-in-india/
https://journals.sagepub.com/doi/10.1177/00380229231213332?icid=int.sj-full-text.citing-articles.4
