INTRODUCTION
It appears as though the “women question” has been answered and women legal professionals have made great strides into a once exclusive field when one looks at the striking increase in female participation in all important areas of law, including legal practice. On deeper examination, discrimination against women is still pervasive- despite being well-veiled, advanced, and perhaps even subconscious. The glass ceiling is a socio-cultural phenomenon that prohibits women in various organizations from realising their potential.[1]
Women’s legal professionals typically stay on the margins of privilege and power. Deborah Rhode demonstrates that although both sexes are more likely to blame personal shortcomings than gender-based problems for instances of discrimination, women typically recognize these incidents far more readily than males.[2] The percentage of women in India’s Supreme Court is low- there were only two women on the court of 25 jurisdictions in 2012. Gyan Sudha Misra was appointed to the court in 2010 and Ranjana Prakash Desai followed her on to the court in 2011.[3]
The many facets of gender discrimination in the legal field will be examined in this blog, with an emphasis on the steps taken thus far and the remaining work to be done to attain full gender equality. By examining the positive contributions of women in law and the obstacles they continue to face, this blog aims to shed light on the path toward a more equitable legal landscape.
HISTORICAL AND CURRENT REPRESENTATION OF WOMEN IN THE LEGAL PROFESSION
Future generations of women legal professionals were made possible by individuals like Cornelia Sorabji, the first woman to practice law in India, and Myra Bradwell, who battled for the right to practice law in the United States. Cornelia opened the door of the first woman to plead in a court of the British Empire. Next, her campaign opened the door for the first woman lawyer with a post in the British Raj. Finally, she opened a door for Indian woman who had never seen the outside world since their childhood.[4]
Globally, more than half of all law graduates are women but their presence in senior decision-making roles and positions of influence is concerningly low. According to the International Bar Association, women lawyers makeup 51% of the profession but only occupy 32% of senior roles. In the judiciary, women make up 43% of all judges and hold 26% of all senior positions.[5]
The seat of Chief Justice of India remains untouched by any female judge. Nonetheless, a small number of high courts have had female judges over the years. Since their founding, the high courts in Telangana, Tripura, Meghalaya, Manipur, Patna, Uttarakhand, and Meghalaya have all been devoid of female judges.[6] After more than 68 years of independence, Justice Indu Malhotra became the first female judge to be directly appointed to the Indian Supreme Court. Data on judges of our nation’s high courts and supreme court, released by the judiciary and legislative, revealed that the proportion of female judges was only 30% before the coronavirus pandemic.[7]
HOW CAN WOMEN IMPACT THE JUDICIARY?
India has yet to witness a female Chief Justice, and many high courts have never had female judges. A woman in this role would inspire confidence and gender sensitivity in the judiciary. Increased female representation among litigators and judges would particularly benefit women in rural areas, who often struggle to report sexual assault due to fear and distrust. Female litigators can provide a safer, more understanding environment, encouraging victims to share their experiences. This would enhance the judiciary’s ability to make effective decisions based on comprehensive facts, promoting transparency and reliability.[8]
REASONS WHY REPRESENTATION OF WOMEN IS LESS IN LEGAL PROFESSIONS
Many women are not succeeding in the legal profession for a variety of reasons, including discriminatory practices, gender-blind rules, and structural gaps that deny women lawyers the resources they need to flourish. They are not all primarily incapable of being attorneys, as evidenced by their conspicuously low representation in higher positions, high concentration in lower-level employment, lack of promotion, and higher attrition rate. Rather, the persistence of these behavioural patterns can be attributed to several causes, including the pervasive attitudes of peers and superiors that reflect harmful gender stereotypes.
Work-life balance is hampered by the demanding nature of the legal profession, which involves long hours and high-stress levels. This is especially true for women, who frequently shoulder a disproportionate share of family duties. Higher attrition rates among female lawyers may result from this. Sponsorship and mentoring are essential for advancing one’s career in the legal field. But compared to men, women frequently have less access to these changes, which hinders their capacity to advance to senior positions. The legal profession faces structural obstacles that impede women’s advancement, including restrictive work arrangements and inadequate childcare help, within law companies and legal organizations.
Young female attorneys are frequently the target of harassment from male judges or advocates. One such incident that Madam Kiruba Munusamy encountered in 2015 took place before the Madras High Court. In addition, she established the Legal Initiative for Equality. A Madras High Court judge remarked on the female attorney’s haircut, stating that her short hairstyle was more appealing than the arguments she put forward. This causes others to lose faith in the judiciary and their will.
In an interview, Justice Leila Sethi discussed the problem she encountered while serving as a sitting judge on the Himachal Pradesh High Court. She served as the Himachal High Court’s chief justice. She claimed that a lot of male judges and attorneys find it difficult to accept that a woman holds a more important job than them. They were not accustomed to seeing a situation like this, which is the primary cause of this mindset.[9] Even though this occurrence happened in the Himachal High Court, people in our nation frequently exhibit this kind of thinking. The Hindu recorded this interview in November of 2014.
Sex discrimination persists in the legal field due to women’s reluctance to challenge its barriers, argues a dynamic female attorney.[10] Many women accept lower pay, prestige, and recognition, exerting more effort than men for minimal acceptance. Their fear of losing their jobs and social conditioning cause them to minimize who they are, which unintentionally invites abuse and feeds into bad preconceptions. Because they experienced discrimination early in life, some female attorneys lower their aspirations; others, to look weak, deny the existence of discrimination. This reluctance to acknowledge bias stems from a lack of public support, contrasting with the recognized and supported grievances of other minority groups.
STEPS THAT COULD BE TAKEN TO ELIMINATE GENDER DISCRIMINATION
Several proactive steps can be taken to end gender discrimination in the legal sector. It is recommended that mentorship programs be formed, in which seasoned attorneys offer direction and support to aspiring female attorneys, assisting them throughout their careers. Initiatives for sponsorship are as significant, with powerful individuals supporting the promotion and elevating of women in the workforce. Offering remote work choices and flexible working hours can greatly help to solve work-life balance difficulties. In addition to normalizing shared caregiving responsibilities, gender-neutral parental leave laws will advance equality both at home and at work. Acknowledging and celebrating the achievements of women in leadership roles within the legal sector will serve to further motivate and inspire others.
CONCLUSION
The legal profession has made significant but unsatisfactory progress toward gender equality. Even with significant advancements, women still encounter significant obstacles in their pursuit of high positions and influence. Systemic adjustments are needed to address these problems, such as removing structural barriers, putting in place gender-sensitive policies, and encouraging a more welcoming environment in legal institutions. The diversity of viewpoints required for a strong and equitable judicial system is limited by the underrepresentation of women in the judiciary and higher legal positions. Empowering women within the legal profession will not only advance gender equality but also enhance the effectiveness and credibility of judicial processes, benefiting society as a whole.
Author(s) Name: Harshitha. G (O.P Jindal Global University, Sonipat)
Reference(s):
[1] Robin R. Starks, ‘Breaking the Glass Ceiling: A Study of Women in a Male-Dominated Profession’ [2021] St. Thomas University ProQuest Dissertations & Theses
[2] Gisela Shaw, Women in the World’s Legal professions, (Volume 8 of Onati International Series In law and society) [2002]
[3] Valdini, Melody E., and Christopher Shortell, “Women’s Representation in the Highest Court: A Comparative Analysis of the Appointment of Female Justices” [2016] 69(4) Political Research Quarterly <http://www.jstor.org/stable/44018063> accessed 9 July 2024
[4] Richard Sorabji, Opening doors: The untold story of Cornelia Sorabji Reformer, lawyer and Champion of Women’s Rights in India [2010]
[5] Melissa Upreti, ‘Women’s participation in law’ [2023] SDG <https://sdg-action.org/womens-participation-in-law/#:~:text=According%20to%20the%20International%20Bar,occupy%2032%25%20of%20senior%20roles.> accessed 7 July 2024
[6] Anushka Singh, ‘Representation of women in Indian Judiciary’ [2022] Volume 1, Issue 6 <https://www.ijmdes.com> accessed 7 July 2024
[7] Ibid
[8] Ibid
[9] Ibid
[10] Beatrice Dinerman, ‘Sex Determination in the legal profession’ [1969] 55(10) <https://www.jstor.org/stable/25724925> accessed 10 July 2024
