THE BEYOND OBITER LAW BLOG: Law & Policy
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The Supreme Court has emphasised that increasing the participation of women in the legal profession requires more than merely providing entry into the profession, stressing that adequate infrastructure and supportive working conditions are essential to ensure meaningful and equal participation.
A Bench comprising Chief Justice of India Surya Kant and Justice V. Mohana issued notice to the Union Government, all States and Union Territories on a petition highlighting the lack of adequately equipped ladies' Bar rooms and other essential facilities for women advocates in courts, tribunals and commissions across the country.
The petition was filed by a group of women advocates who raised concerns regarding the accessibility, inclusiveness and long-term sustainability of women in the legal profession. The plea relied on a nationwide survey and physical inspections of court complexes, which allegedly revealed that many courts either lacked dedicated ladies' Bar rooms altogether or provided inadequate facilities.
Taking note of the issues raised, the Court observed that while the legal profession has witnessed a steady rise in the participation of women over the years, access alone is insufficient to ensure genuine equality.
“However, the mere opening of doors alone cannot be a sufficient cause for celebration.”
The Bench underscored that women advocates must be provided conditions that enable them to perform their professional responsibilities effectively, safely and on equal terms.
“In order for their participation to be made meaningful, it must be accompanied by the creation of conditions that enable women advocates to discharge their professional responsibilities effectively, safely, and on equal terms.”
The Court observed that adequately equipped spaces for women professionals within court complexes constitute one such indispensable requirement. It noted that court complexes are not merely venues where legal proceedings take place but function as workplaces where lawyers spend substantial portions of their professional lives.
Highlighting the constitutional dimensions of the issue, the Court observed that the absence of basic facilities disproportionately affects women advocates and may even discourage some from continuing legal practice. The Bench stated that the provision of such facilities bears a direct nexus with the guarantee of life and dignity under Article 21 of the Constitution.
The Court further observed that the right to life under Article 21 has consistently been interpreted to include conditions that enable individuals to live and work with dignity. Accordingly, when women advocates are required to spend long hours within court premises, the availability of facilities relating to comfort, privacy, safety and professional functioning assumes significant importance.
Referring to the survey material placed on record, the Court noted that several court complexes lacked essential amenities such as adequate seating arrangements, clean washrooms, changing rooms, nursing facilities and other infrastructure necessary for women advocates.
Observing that the issue transcends administrative convenience and directly concerns constitutional values of dignity and equal participation in public life, the Court sought responses from all stakeholders. The matter has been listed for further hearing on July 17.
The Bench also requested the Attorney General for India, the Advocate Generals of all States and standing counsel for the Union Territories to assist the Court in addressing the issues raised in the petition.