Gender Bias in the Legal Profession
GENDER BIAS IN THE LEGAL PROFESSION
Submitted to: Dr. Deepak Kumar Srivastava
Faculty, Woman and Law
Submitted by: Anushree Modi
Roll No 69 Semester Submitted on:
9th !"ril #$%&
Page 1
Gender Bias in the Legal Profession
TABLE OF O!TE!TS Topi"
#a$e !o
!c'nowledgements
(
Research )ethodology
*
+ntroduction
&
Gender Bias in the Legal Profession
6
onstitutional Bac'dro"
-
Se.ual /arassment face 0y Women Lawyers
1
Stereoty"ed at Wor'
%$
Wor'2life 0alance
%#
+nfrastructure
%(
Factors that can mitigate gender 0ias against women in litigation
%*
onclusion
%1
Bi0liogra"hy
%9
Page 2
Gender Bias in the Legal Profession ACKNOWLEDGEMENTS
3he "ractical reali4ation of this "ro5ect has o0ligated the assistance of many "ersons + e."ress my dee"est regard and gratitude for our Faculty of Woman and Law /is consistent su"er7ision, constant ins"iration and in7alua0le guidance ha7e 0een of immense hel" in understanding and carrying out the nuances of the "ro5ect re"ort + ta'e this o""ortunity to also than' the 8ni7ersity for "ro7iding e.tensi7e data0ase resources in the Li0rary and through +nternet
!nsuhree )odi Semester2
Page 3
Gender Bias in the Legal Profession RESEARCH METHODOLOGY
Secondary data has 0een used 3he study is descri"ti7e and analytical in nature Boo's and other references ha7e 0een "rimarily hel"ful in gi7ing this "ro5ect a firm structure We0sites We0sites and articles ha7e also 0een referred referred
%ntrodu"tion Page 4
Gender Bias in the Legal Profession )arry !""le0y !""le0y has correctly correctly said that Law has fundamentally fundamentally 0een a male "rofession: women were welcome to 5oin the 0ar so long as they recogni4ed that it was defined 0y men; 3his certainly holds true in +ndia 3hough women constitute of &$< of the "o"ulation of law schools, litigation has a remar'a0ly lower "ercentage "ercentage of women ! sur7ey sur7ey 0y 3he Glo0al Legal Post; Post; in #$%# found that out of nearly *$$ senior ad7ocates designated 0y our country;s Su"reme ourt since %96# only & ha7e 0een women +t also reflects that litigation as a "rofession, is tailored to suit a man, and e7en today does not factor in a woman;s needs +nfle.i0ility +nfle.i0ility at the wor'"lace com"els women to o"t out of litigation litigation 3his is 0ecause under the gar0 of gender neutral "olitics, a woman is forced to wor' the same hours as her male counter"arts counter"arts and not see' any licence or li0erty; 0ecause of her child or family family =ou see an e."ress gender 0ias when you consider women who do o"t for litigation Women are frowned u"on in litigation 0ecause of a stereoty"e created 0y our society that women are "rimarily res"onsi0le res"onsi0le for childcare childcare only whereas the male is the 0readwinner; 0readwinner; of the family and is 0ound to 0e more serious a0out his wor' The Advocates Act, 1961 mandates the Bar ouncil of +ndia to safeguard the rights, "ri7ileges,
and interests of lawyers under Section - +t is 0y the 7irtue of this section that gender 0ias can 0e significantly resol7ed 0y incor"orating accommodating measures such as maternity 0enefit schemes, mentorship programme, work-life balance, which the author ela0orates in her "a"er
Page 5
Gender Bias in the Legal Profession &ender Bias in the Le$a' #ro((esion )There is no $reater ine*ua'ity than the e*ua' treatment o( une*ua'
Justice Feli Frankfurter, Frankfurter, !ennis v" v" #nited $tates ) Justice
! woman;s needs are not sim"le nor are they the same as that of a man 3o ignore this would 0e a'in e."ecting a fish to clim0 a tree ! fish cannot clim0 a tree and a woman cannot wor' in the same conditions as a man could 3he conditions could mean "hysical or "sychological ! man would not 0e deterred 0y something as minor as an unsanitary; 0athroom 3his same "ro0lem would not 0e seen as a minor "ro0lem 0y 0 y any woman ! recent study re7ealed that when would 0e women litigators were as'ed what would ma'e their wor'ing conditions in the courtroom courtroom 0etter, 0etter, 9(< of them wanted sanitary washroom conditions, conditions, along with more amount of 0athrooms +s it too much to as' for> +n 7irtually e7ery society, gender is a fundamental as"ect of human identity and gender stereoty"es influence 0eha7iour at often unconscious le7els 3hese stereoty"es wor' against women; women;ss ad7 ad7ance ancemen mentt in se7eral se7eral res"ect res"ects, s, e7en e7en among among indi7i indi7idual dualss and instit instituti utions ons fully fully committed to gender e?uality ! related "ro0lem is that "eo"le share what "sychologists la0el a @5ust worldA 0ias 3hey want to 0elie7e that, in the a0sence of s"ecial treatment, indi7iduals generally get what they deser7e and deser7e what they get Perce"tions of "erformance are fre?uently ad5usted to match o0ser7ed out2comes +ndi7iduals are also moti7ated to inter"ret information in ways that maintain their own status and self2esteem Lawyers who ha7e achie7ed decision ma'ing "ositions generally would li'e to 0elie7e that the system in which they ha7e succeeded is fair, o05ecti7e and meritocratic !mong the other challenges faced 0y women attem"ting to ad7ance in the legal fields include "erce"tions and 0eha7iors of o f those in "ositions of "ower Because women, 0y and large, continue to ha7e the "rimary familial res"onsi0ilit res"onsi0ilities, ies, they continue to 0e "lagued 0y the "erce"tion that they may not 0e as committed to the "ractice as their male counter"arts ne male inter7iewee of a litigation firm o"ined that women were either lea7ing trial "ractice or una0le to succeed in trial "ractice 0ecause they @don;t li'e the demands on their timeA 3his o"inion may 7ery well manifest itself in the manner and o""ortunities afforded to female lawyers ne inter7iewee Page 6
Gender Bias in the Legal Profession descri0ed the attitudes of the men in the firm as, @why 0ring you along when you;re 5ust going to lea7e anyway or wor' will no longer 0e a "riority>A Women omen lawyers lawyers also face challenges challenges in earning res"ect from clients clients !s women are sometimes "ercei7ed as @aggressi7elyA ad7ocating for their clients, they may 0e seen as 0eing o7erly aggr aggres essi si7e 7e 0y the the men men 3his 3his "erc "erce" e"ti tion on can, can, at time times, s, ma'e ma'e thei theirr male male coun counte ter" r"ar arts ts uncomf unc omforta orta0le 0le and therefo therefore re unw unwill illing ing to su""ort su""ort their their ad7 ad7ance ancement ment !lso, !lso, many women women inter7iewed 0y the 3as' Force 0elie7e that the @good ole 0oyA networ' is still ali7e and well such that it creates a stum0ling 0loc' to their ad7ancement within the firm 3hey 0elie7e that men tend to "romote other men, instead of women, 0oth within the firm and with clients
CONSTITUTIONAL BACKDROP
3he dis"arity in functioning can 0e argued legally as a form of discrimination, 7iolating the +ndian constitution that guarantees e?uality under the Fundamental Rights; in !rticles %*, %& and %6 under Part +++ +n fact the Su"reme ourt has time and again ruled against discrimination against women es"ecially on factors such as marriage and "regnancy arguing these to 0e a natural conse?uence, an as"ect that was the main argument in the landmar' case of !irhostess Nargesh )eer4a Ces"ite such landmar' 5udgments, +ndia lac's a com"rehensi7e anti2 discrimination code such as in the 8nited States of !merica that ma'e family res"onsi0ility discrimination illegal Laws li'e the )aternity BeneDts !ct, %96% and E?ual Remuneration !ct, %9-6 attem"t to address the e.istent systemic discrimination against women in em"loyment, 0ut fail to remo7e "arities that e.ist 0etween male and female in the "ursuance of their career o05ecti7es 3his is 0ecause though laws or legislations can ascertain change: reect societal norms and mo7ement, it cannot change mindsets% 3oday to com0ine a career in litigation and care for families is at "resent an indi7idual res"onsi0ility, and comes with conse?uences that hurt ones career gra"h +t is a glass ceiling that is im"osed 0y an ine.i0le wor' culture and an inherent 0ias that family res"onsi0ilities creates 1 Sa7itha esa7 Hagadeesan, @Wor'2Life @Wor'2Life Balance, is it a Gender 0ased issue in the legal "rofession>A $%#&'()*, 6th 2 1th
Page 7
Hanuary, Hanuary, #$%#, &62-
Gender Bias in the Legal Profession wea'er and inefficient women "rofessionals 3his re?uires transformation from within 3he 0attle is against an inert human instinct rather than against o7ert 0eha7iour and that ma'es this e7en more challenging Women;s o""ortunities are limited 0y factors other than conscious "re5udice )a5or 0arriers include unconscious stereoty"es, infle.i0le wor'"lace structures, se.ual harassment, and 0ias 3hese 0arriers to women legal "rofessionals are discussed 0elow
SEXUAL HARASSMENT
WOMEN LAWYERS FACED BY
They may appear to be symbo's o( +omen empo+erment but they are not sa(e (rom se,ua' harassment.
3he term se.ual harassment; means @a ty"e of em"loyment discrimination consisting in 7er0al or "hysical a0use of a se.ual natureA# ne of the first cases you learn a0out when studying for a law school entrance e.am is &ishakha v" $tate of *a+asthanwhich started the tal' a0out se.ual harassment of women at wor'"laces
+t has historically 0een a well 'e"t secret "racticed 0y men, suffered 0y women, condoned 0y management, management, and s"o'en 0y no one +t is a manifestation manifestation of "ower relations I women are much more li'ely to 0e 7ictims of se.ual harassment "recisely 0ecause they lac' "ower, are in a more 7ulnera0le and insecure "osition, lac' self2confidence, or ha7e 0een socially conditioned to suffer in silence*
2 &ishakha v" $tate of *a+asthan !+R %99- S ($%% 3 !+R %99- S ($%% 4 Se.ual /arassmentJ GenderK ! Partnershi" Partnershi" of E?uals, +L, &1 #$$$M a7aila0le at htt"Jwwwsunday2
guardiancomanalysisindian2wom guardiancomanaly sisindian2women2legal2lawyers2face2many en2legal2lawyers2face2many2challenges 2challenges last accessed $&$*#$%&M Page 8
Gender Bias in the Legal Profession We see that that now now, afte afterr the the &ishakh ishakha a case case and Apparel 'port romotion .ouncil v" A" /" .hopra0 , women who are se.ually harassed at wor'"laces ha7e an o"tion other than ?uitting
3he law has e?ui""ed women with these o"tions Lawyers are amongst the most educated "rofessionals of +ndia 3he fact that females of this "rofession are also 7ictims of such a "ro0lem at their wor'"lace is a matter of great shame 3hey ha7e little recourse other than ?uitting or letting letting whate7er ha""ens continue and "raying "raying to god that it does not escalate n %&th Hune #$$$ Sangeeta Sharma, a young lawyer "ractising in /ydera0ad committed suicide naming three lawyers as 0eing directly res"onsi0le res"onsi0le for her death in her suicide note 3he causeJ se.ual harassment harassment ne of the lawyers named, named, the "rime accused, was a senior lawyer lawyer who was fairly well 'nown Before committing suicide she had s"o'en a0out the harassment to fellow lawyers, had 0een as'ed to Oforget itO 0y the relati7ely senior men and had recei7ed su""ort from a few women When !smita, a women;s collecti7e in /ydera0ad as'ed the Bar ouncil of !ndhra Pradesh amend the code of conduct of lawyers to s"ecifically include se.ual harassment within the definition of gross misconduct, and set u" mechanisms for dealing with cases, according to the "rocedure and an d modalities laid down 0y the Su"reme ourt 3he answering letter said that se.ual s e.ual harassment would fall under the general definition of "rofessional misconduct or any other misconduct and that no changes were felt necessary6 Fifteen years after it laid down guidelines to "rotect women against se.ual harassment at wor'"lace, wor'"lace, women ad7ocates a""ealed to the Su"reme ourt to e.amine e.amine im"lementi im"lementing ng them at their wor'"lace 2 the court "remises5 !+R %999 S 6#& 6 Sexual Hara!e"# $" #%e Legal Pr&'e$&"() AS*ITA a7aila0le at htt"Jwwwasmitacollecti7einshl"html +la# a,,ee- &" .5/.4/2.150 7 D%a"a"a *a%aa#ra) &!e" laer !&e Sure!e C&ur# #& e"- %ara!e"# $" ,&ur#) Se 9) 2.12 aa$la:le a# %##;<
.8>.1<$"-$a<32979732?1?&!e">a-&,a#e> .8>.1<$"-$a<3297973 2?1?&!e">a-&,a#e>&!e">laer>aex>,&ur#> &!e">laer>aex>,&ur#> +la# +la# a,,ee- .5/.4/2.150 Page 9
Gender Bias in the Legal Profession O3here is no forum in S, or the courts 0elow, for women to address the issue of se.ual harassment e."erienced 0y them fre?uently at the hands of their colleagues and "ersons in whose contact they come in while discharging their duties as ad7ocatesO1 +t is not that such a "ro0lem occurs only in +ndia, or the "ro0lem is due to traditional male2 centric +ndian society +n a study in %919, in the 8nited States of !merica, 0y 3he National Law Hournal, 6$ "ercent of the 9$$ female lawyers sur7eyed said they had e."erienced some form of se.ual harassment in the wor'"lace 3he "ro0lem of se.ual harassment creates a deterrent effect on female law school graduates to 5oin the litigation "rofession
STEREOTYPED
AT WORK
@Women are not merely a s"ecial interest; grou", 0ut half the human raceA9 -ella Ab2eg
+n order to ma'e sense of a com"le. social world, indi7iduals indi7iduals rely on a 7ariety 7ariety of techni?ues techni?ues to catego categori4e ri4e inform informati ation on ne strategy strategy in7ol7 in7ol7es es stereot stereoty"e y"es, s, which which associa associate te certain certain sociall sociallyy defined characteristics with identifia0le grou"s%$
PRBLE)S !8SEC B= PREH8C+EJ 3he force of traditional traditional stereoty"es stereoty"es is reinforced 0y other 0iases in decision ma'ing Peo"le are more more li'el li'elyy to noti notice ce and remem0 remem0er er infor informa mati tion on that that confi confirm rmss "rio "riorr assum assum"t "tio ions ns than than 8 $:$-/
Women the legal "rofessionA, !B! ommission on 9 Ce0orah L Rhode, @3he 8nfinished !genda, Women Women Wo men in the Profession, " 621 1.+rwin !/orowit4 !/orowit4 enneth SBordens, @Social Perce"tionJ 3he onstruction of Social
Reality,ASocPsychol1-,9% Reality,ASocPsychol1-,9%29* 29* %99*M Page 1.
Gender Bias in the Legal Profession information that contradicts them For e.am"le, attorneys who assume that women are less committed tend to remem0er the times they left early, not the nights that they stayed late +f women are underre"resented, the most "sychologically con7enient e."lanation is that they lac' the necessary ?ualifications and commitment commitment%% +t is not necessary to "oint out that female attorneys often do not recei7e the same "resum"tion of com"etence or commitment as their male colleagues ! woman must wor' twice as hard as a man to 0e ta'en as seriously%# !GGRESS+QE R N N3 ! longstanding o0stacle to e?ual o""ortunity in7ol7es the mismatch 0etween characteristics associated with women and those associated with "rofessional success, such as asserti7eness and com"etiti7eness Women still face a long2standing dou0le standard 3hey ris' criticism for 0eing too @softA or too @stridentA, too @aggressi7e @or @not aggressi7e enoughA )any of the women inter7iewed related the difficulty of straddling the fine line 0etween 0eing asserti7e, 0ut not 0eing la0eled as @aggressi7eA%( What a""ears asserti7e in a man often a""ears a0rasi7e in a woman ! woman re"orted that when she raised her 7oice in court to argue on 0ehalf of her client, she was told not to 0e shrill
PRBLE)S F!EC B= WR+NG )3/ERS ! woman re"orted, re"orted, her male "artners "artners as well as her female "artners "artners without children children seemed to thin' that her career was @tossed out with the "lacentaA after she had her 0a0y%*
11 supra note 9, 9, at " %$ 12A Career $" #%e C&ur#r&&!; A D$@ere"# *&-el '&r #%e Su,,e &' &!e" %& Tr Cae at
htt"Jwwwamerican0arorgco htt"Jwwwamerican0ar orgcontentdama0ami ntentdama0amigratedmar'etresearchPu0 gratedmar'etresearchPu0licCocumentsW licCocumentsWomenin omeninthe the ourtroomauthchec'dam"df ourtroomauthchec' dam"df last last accessed $&$*#$%&M " %* 13
supra
Page 11
"&#e 12/
Gender Bias in the Legal Profession )ost wor'ing women feel that the e."ectation that fathers will remain fully committed to their care career erss may may som sometim etimes es gi7e gi7e them them grea greate terr leew leeway ay than than moth mother erss in see' see'in ingg mode modest st accommodations for family needs For anyone to rise in the "rofession "rofession "erformance is the 'ey factor 0ut in res"ect to women once they underta'e underta'e maternal res"onsi0i res"onsi0ility lity there is an inert tendency tendency to 7iew them Drst as mothers and then as "rofessionals with limited am0ition 3heir "erformance is 7iewed as in7ersely "ro"ortionate to their "erformance or under "erformance in their domestic s"here Women in litigation suffered as their "eers go ahead, they lose out on clients who "referred to o"t for lawyers who were a7aila0le !ccording to a woman, who had re5oined litigation after her maternity lea7e, @3he wor'2flow was cut as clients were not sure whether + would 0e a0le to manage wor' 3here was a "erce"tion that + would not 0e regular in court which + had to com0at 0y sim"ly 0eing in court e7en when there was really nothing much to doA
ORK >LI BALANC @Women lawyers don;t ha7e wi7es to fall 0ac' onA 3he wor'2life 0alance 0alance comes across as a ma5or "lace where the "ro0lems "ro0lems created 0y @5ust world 0iasA come into "lay +t is women who try to 5uggle 0oth home and wor' res"onsi0ilities: they try to increase efficiency during their wor' hours to Dnish their load to get home in time to s"end e7enings with their children !d7ocate Phiro4a !n'lesaria way 0ac' in %91& stated that the 0urden of domestic duties and cares of the family does not lea7e women ad7ocates with ade?uate time for thought and study of the law So when a woman reduces her wor'load it does not necessarily signal reduced "rofessional commitment
14$:$-/ Page 12
Gender Bias in the Legal Profession +ronically, in a recent sur7ey of large law firms, se7eral women noted with resentment that when male colleagues colleagues wanted time off in the middle middle of the day for family reasons, they were thought thought caring and de7oted; or cute and endearing;, 0ut when women left for similar reasons, they were ty"ed as unrelia0le and uncommitted !n ideal; male wor'er is a "erson who is willing to dedicate as many hours as it ta'es at the wor'"lace on the assum"tion that there is someone else loo'ing after res"onsi0ilities 0ac' homeA )s Swagatha Swagatha Raha stressed on the need for a strong su""ort system at home in order to succeed at wor' @3he assum"tion is that there is a wife 0ac' home, 0ut female lawyers don;t ha7e any such wi7es to fall 0ac' onA%& )en tend to wor' with the 'nowledge that greater "rofessional focus means 7isi0ility in the wor'"lace and therefore they ha7e a more s"ontaneous a""roach to wor' hours 3hey can afford to commit long hours and "ut families in the 0ac' 0urner as they are released from domestic 0urdens with a woman at home ready to 0alance wor' life for f or them Women Women tend not to or cannot create an im"ression of o"en2ended a7aila0ility and therefore their commitment is ?uestioned ma'ing her to stri7e more to "ro7e herself time and time again a0out her efficiency and am0itions at each stage
%!F-AST-T-E
3he infrastructural facilities that a woman re?uires are 7ery different from what men re?uire +t is not the ?uestion of want: it is a ?uestion of need ! woman needs certain infrastructural facilities, es"ecially "regnant women and new mothers
S!N+3!R= B!3/R)S +n her auto0iogra"hy, titled n Balance, Hustice Leila Seth descri0ed how @a mustyO storeroomA was "assed off as the women;s washroom )ore than fi7e decades later, most /igh ourts and 15 &!e" laer -&"# %ae $e aa$la:le a# %##;<
Page 13
Gender Bias in the Legal Profession lower courts ha7e a0ysmal wor'ing conditions, es"ecially with res"ect to sanitation, ma'ing it im"ossi0le for women to negotiate the court halls halls%6
)RE F!+L+3+ES FR W WR+NG )3/ERS ! maternity lea7e allows a woman si. wee's of "aid lea7e 0efore she had to get 0ac' to wor' E7en self2em"loyed women cannot ta'e more than two months off after the 0irth of their children 3he law itself gi7es a woman e.tra 0rea', right after she returns from maternity lea7e for a nursing 0rea' Women with children o7er one year old and who want to wor' might not ha7e su""orti7e families that can allow them to go to wor' and lea7e their child home 3hey might not 0e in a financial "osition to afford day2care da y2care either Law2firms might gi7e their women em"loyees an acce"ta0le o"tion where they can 0ring their child to their "lace of wor' for a crche or a "layground or a day2care centre +t is the inde"endent litigating women who wor' in and out of the court all2day long She has 7ery few o"tions 3his is usually the "ro0lem only for mothers, not father, 0ecause they ha7e their wi7es; to fall 0ac' on
RT/E F!+L+3+ES 3he other factor that ran'ed high on the "riority list for most women was a crche facilities -#< of the woman lawyers said in a sur7ey%- agreed that a crche facility within the court "recincts would ma'e the "rofession a lot more conduci7e conduc i7e for women +t would aid in curtailing the e.odus of young women lawyers from the "ractice%1 16 C%alle"ge 'a,e17 )a'hi5a and Raha, 3ender !iversit4 in the )ndian 5egal $ector , Rainma'er, #$%# 18 i0id Page 14
Gender Bias in the Legal Profession
B!B= /!NG+NG S3!3+NS !NC BRE!S32FEEC+NG R )S )S !dditional facilities such as 0a0y changing2rooms and a room where women could 0reastfeed their children, were considered im"ortant infrastructural re?uirements 0y res"ondents in the sur7ey conducted 0y Swagatha Raha Sonal )a'hi5a on women legal "ractitioners%9
FACTORS
THAT
CAN
MITIGATE
GENDER
BIAS
AGAINST
WOMEN
IN
LITIGATION
SL83+N 3 W)!N W/ F!E R ESEN3)EN3 3!+NG ! )!3ERN+3= LE!QE ESEN3)EN3 !F3ER 3 Women face resentment also during maternity lea7e, es"ecially in cases where there is no one to handle their wor' in their a0sence +f there is no co7er for her, then the colleagues come to resent her for that and are less coo"erati7e coo"erati7e after she is 0ac' after the three2month 0rea' +t is seen as a 7acation 7acation 8nless the organisatio organisationn "ro7ides "ro7ides a co7er and em"hasises em"hasises that maternity maternity 0rea' is not a negati7e thing, 0ut it is seen as 0usiness as usual, things will not change +n such cases organisations should encourage 5oint res"onsi0ility or charge on "ro5ects instead of ma'ing one "erson res"onsi0le 3his will ensure that wor' is ta'en care of o f without resentement !ccording to one of our res"ondents wor'ing in a law firm, a shift in "erce"tion can come only if em"loyers @frame a "olicy to su""ort them and not ?uestion commitment of a womanA
SL83+N 3 W)EN L!W=ERS !NC WR L L+FE B!L!NE +nternal 0arriers im"osed are due to the am0i7alence of women as they 5uggle wor' and family and they cannot 0e 0ro'en o7ernight, 0ut if these can 0e recognised %(rd of the 0attle is won 3here is no dis"ute that women who ha7e sur7i7ed the wor' life tussle are those those that ha7e had strong family su""ort 0ut e7en in this there is a general notion that some sacriDces ha7e 0een made 19 su"ra note Page 15
Gender Bias in the Legal Profession +f reduction in women lawyer attrition le7els is desired the "rofession needs to 0e made more family friendly, not 5ust woman friendly, the institution of family free model of "rofessional growth should gi7e way to im"ro7ement of wor'2life, after all a ha""y "erson is a more ha""y em"loyee and this will only lead to increase in efficiency 3he Celhi /igh ourt;s "ro"osal to set u" a crche for the day care of children of women ad7ocates and court em"loyees is welcome as is !marchand )angaldass;s Celhi ofDce launch of a day care facility But these are mere dro"s in the ocean, what is needed is a sea change in attitude not only of Drm culture 0ut of society and us "ersonally "ersonally#$
FR +NRE!S+NG 3/E +NFR!S3R838R!L F!+L+3+ES +N 8R3S SL83+N FR +NRE!S+NG
+n order to understand how women lawyers could 0e encouraged to 5oin court "ractice, when as'ed to ran' measures that they feel should 0e introduced to ma'e courtrooms conduci7e for women in litigation, the following was found Sanitised toilets for women on each floor of the court "remises are necessary to ma'e courts more accessi0le to women lawyers !t the moment women;s rest rooms in most courts lac' in sanitation and are tow few +n most cases, the women;s rest rooms are located at the end of the court corridor or in one floor 0ut not all Gi7en the increasing num0er of women in litigation, most rest rooms are crowded 3his includes the Bangalore ity i7il ourt women;s room, which is cram"ed during lunch hour with little s"ace for lawyers to e7en negotiate their way to the loc'ers !dditional facilities such as 0a0y changing2rooms and a room where women could 0reastfeed their children are considered im"ortant infrastructural re?uirements 0y res"ondents /udges who are more more accommo accommodat dating ing and sensit sensiti7e i7e to "regnan "regnantt women women ma'e ma'e cou courts rts more more con conduci duci7e 7e 0omen
lawyers also feel that the sensiti7ity of their colleagues at the time of "regnancy, which
could include assisting in ta'ing ad5ournments or handling matters in courts, would hel"
2. &rE>L$'e Bala",e) $ $# a Fe"-er :ae- $ue $" #%e legal r&'e$&"G Page 16
Gender Bias in the Legal Profession 3he Bar ouncil of +ndia should do more to encourage more women to 5oin litigation 3hey should a forum where issues of gender 0ias and discrimination, including cases of se.ual harassment could 0e raised and addressed 3hey should also encourage and nominate women lawyers for designation to senior counsel and the higher 5udiciary =oung women lawyers could 0e hel"ed at the start of their careers 0y encouraging the em"anelment of women 0y organisations 8nli'e some law firms and cor"orations that ha7e "olicies on mentoring young associates and em"loyees, litigation wor's "rimarily on an indi7idual "ractitioner 0asis with little su""ort from their "eers +n the "ractice of law there is 7ery often a waiting "eriod, as a result of which the economic 0ac'ground of a young lawyer "lays a huge role in the choice of career @Waiting "eriod may not 0e si. months +t may 0e three yearsA !d7ocate othari suggested, @U3Vhere could 0e a mentoring grou" of mem0ers in the Bar where one could ha7e a system of referring one;s cases to other litigators for a short "eriod during the maternity 0rea' !lso it would 0e good to ha7e some formal su""ort systems systems such as as'ing the court registry for long ad5ournments ad5ournments in cases, which are not urgent, on account of ones maternity lea7e, so that women litigators are not always de"endent on 5udges granting ad5ournments 3here could 0e more su""ort in "ro7iding access to child care su""ort such as maids, nannies, dri7ers, etcetera, and may0e the women;s 0ar association could ha7e a directory for such ser7ices that it could "ass on to all women litigatorsA
)EN3RS/+P ! woman, who is a "ro"rietor of a Celhi20ased law firm, said that @mentorshi" can hel" co"e with wor' and child2related child2related an.ieties, an.ieties, and also "ost2natal de"ressionA de"ressionA ! res"ondent res"ondent at a senior "osition in a re"uted com"any felt that tha t mentorshi" @could definitely ta'e away some stress that wor'ing women feel a0out not 0eing a0le to de7ote sufficient time to their children and maintain a "ro"er wor'2life 0alance When you hear from someone who has 0een through the same e."erience, it hel"s co"e with the situation 0etterA thers felt that it could hel" recognise the "otential of em"loyees, hel" transition trans ition from maternal lea7e to wor', and also chart their growth within the organisation more effecti7ely
Page 17
Gender Bias in the Legal Profession )entorshi" "rogrammes could "ro7ide women the much2needed su""ort in the wor's"ace and also hel" 0oost morale and also encourage women to stay in the "rofession Women transitioning from their maternity maternity lea7e to wor' should ha7e a s"ecial s"ecial mentor assigned for a minimum minimum of si. months to ensure that women ha7e someone to reach out to )entors should 0e assigned the tas' of re2orienting the women 0ac' into wor' 3his should include ensuring retention of good female talent as "art of their annual targets
Page 18
Gender Bias in the Legal Profession
CONCLUSION The Advocates Act, 1961 mandates the Bar ouncil of +ndia to safeguard the rights, "ri7ileges,
and interests of lawyers under Section - +n furtherance of their statutory mandate, the Bar ouncil of +ndia and State State Bar ouncils should ta'e the following measures measures to su""ort the entry and growth of women in litigation % Pro7id Pro7idee crche crche facilities in courtrooms and ma'e them a7aila0le to 0oth women and men lawyers 3hey should 0e modestly2"riced "aid crches # Ensure that sanitation facilities within the courts are im"ro7ed and that there are rest rooms for women lawyers on e7ery floor ( 3a'e ste"s to im"ro7e the infrastructure facilities in court "remises to ensure that they are disa0led2friendly and accessi0le * reate a forum to "romote interaction of women lawyers with eminent mem0ers of the Bar & Esta0lish and "u0licise a committee to recei7e com"laints of se.ual harassment 6 onduct consultations at the national and state le7el to ta'e in to consideration 7iew"oints of women lawyers on measures that must 0e ta'en to ma'e to ma'e the "rofession women friend
Page 19
Gender Bias in the Legal Profession BIBLIOGRAPHY •
Sa7itha esa7 Hagadeesan, @Wor'2Life Balance, is it a Gender 0ased issue in the legal "rofession>A $%#&'()*, 6th 2 1th Hanuary, #$%#, &62-
•
Se.ual /arassmentJ GenderK ! Partnershi" of E?uals, +L, &1 #$$$M a7aila0le at htt"Jwwwsunday2guardiancomanalysisindian2women2legal2lawyers2face2many2 challenges last challenges last accessed $&$*#$%&M
•
Se.ual /arassment in the Legal Profession;, !S)+3! a7aila0le at htt"Jwwwasmitacollecti7einshl"html last htt"Jwwwasmitacollecti7einshl"html last accessed on $&$*#$%&M
•
Chanan5ay )aha"atra, @Women lawyers mo7e Su"reme ourt to end harassment in courtsA, Se" 9, #$%# a7aila0le at htt"Jarticlestimesofindiaindiatimescom#$%#2$12 $%india(#9-9-(#%women2ad7ocates2women2lawyers2a"e.2court2 last accessed $&$*#$%&M
•
Ce0orah Ce0 orah L Rhod Rhode, e, @3he @3he 8nfini 8nfinished shed !genda, !genda, Women omen the legal legal "rofess "rofessionA, ionA, !B! ommission on Women in the Profession, " 621
•
+rwin !/orowit4 enneth SBordens, @Social Perce"tionJ 3he onstruction of Social Reality,ASocPsychol1-,9%29* %99*M
•
@! areer in the ourtroomJ ! Cifferent )odel for the Success of Women Who 3ry ases sesA at htt"Jwwwamerican0arorgcontentdama0amigratedmar'etresearchPu0lic CocumentsWomenintheourtroomauthchec'dam"df last accessed $&$*#$%&M " %*
•
@Women
lawyers
dont
ha7e
wi7esKA
htt"Jmylawnet!rticleWomenlawyersdontha7ewi7es $&$*#%$&M
Page 2.
a7aila0le last
a c c e s s ed
at on
