Today(on 18th July),The Delhi High Court, led by Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, has issued notices to several Bar Associations, including the BCI, BCD, DHCBA, and district courts’ Bar Associations. This follows a plea seeking 33% reservation for women lawyers in upcoming elections.
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NEW DELHI: Today(on 18th July), The Delhi High Court‘s Chief bench, led by Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, issued a notice to various Bar Associations, including the Bar Council of India (BCI), Bar Council of Delhi (BCD), Delhi High Court Bar Association (DHCBA), and all district courts’ Bar Associations. This notice was in response to a plea seeking the reservation of 33 percent of seats for women lawyers in the upcoming elections.
The bench scheduled a detailed hearing for August 12 to further deliberate on the matter. The plea highlights the need for increased female representation in the Bar Council of Delhi elections, the Delhi High Court Bar Association, and all District Bar Associations at Delhi/New Delhi.
Senior Advocate Pinki Anand, representing the petitioners, emphasized the importance of this plea by referencing a recent Supreme Court ruling.
“Recently, in the case ‘Supreme Court Bar Association vs. B.D. Kaushik,’ the Supreme Court of India reserved seats for women lawyers in its 2024 elections, aiming to enhance female representation within the association.”
-she stated.
The Petitioners’ Stand
The plea, filed by practicing advocates Shobha Gupta and Sanskriti Shakuntala Gupta, underscores the progress women have made in the legal profession in recent years. However, this progress has not translated into leadership roles within the Bar Councils.
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The petitioners argued-
“Although there are increasing numbers of women entering the legal profession, their representation in leadership positions, high-profile roles, and presidencies of Bar Councils and associations remains disproportionately low.”
The petitioners pointed out that the legal system has failed to recognize the hard work and dedication of women lawyers. They emphasized that-
“Since India gained independence, the country has had women serve as Prime Minister, President, and Chief Minister. However, there has never been a woman Chairperson, Vice Chairperson, Secretary, or ordinary member in the Bar Council of Delhi (BCD) except for two instances in its 64-year history. A similar lack of representation exists in the Delhi High Court Bar Association and District Bar Associations.”
Addressing the Underrepresentation
The plea highlighted the significant burden placed on young women lawyers due to the lack of representation in the Bar Council of Delhi, Delhi High Court Bar Association, and District Courts Bar Associations.
It stated-
“Only a woman representative in the Bar Council of Delhi, Delhi High Court Bar Association, and District Courts Bar Associations can fully grasp and empathize with the specific issues faced by women lawyers.”
The plea further noted that women lawyers are not part of decision-making posts, apart from the designated position of lady member executive.
The Women Reservation Act of 2023
Referencing the Women Reservation Act of 2023, the plea emphasized that this act promises women’s reservation in the Indian Parliament.
“Indian women are now witnessing a significant era of strong representation and influential agenda-setting at the national level. There is growing recognition of women’s political participation, with many holding prominent leadership positions.”
– the plea read.
It also acknowledged the obstacles women face but noted that-
“Women have showcased their political potential through their occupancy of key positions.”
