Speaking at an event commemorating “100 Years of Women in Law in India,” Justice Kohli highlighted that in the past 75 years, no woman lawyer had been appointed as Attorney General (AG) or held the post of Solicitor General (SG), reflecting the persistent challenges faced by women in the legal profession.
NEW DELHI: Although gender discrimination and bias appear to have diminished on the surface, they continue to operate subtly, with women lawyers often facing stereotypes that undermine their authority, former Supreme Court judge Justice Hima Kohli said on Friday.
Speaking at an event commemorating “100 Years of Women in Law in India,” Justice Kohli highlighted that in the past 75 years, no woman lawyer had been appointed as Attorney General (AG) or held the post of Solicitor General (SG), reflecting the persistent challenges faced by women in the legal profession.
The Legal Practitioners (Women) Act, which granted women the right to practice law in India, came into effect in 1923. However, Justice Kohli noted that stereotypes portraying women as less competent or authoritative than their male counterparts continue to impact women lawyers today.
“While overt gender bias has reduced, it still operates covertly,”
she observed.
This bias has influenced recruitment practices, restricted opportunities for advancement, and limited the participation of women in legal firms and courts.
Though the number of women holding AG or Additional Solicitor General (ASG) positions has risen slightly, Justice Kohli emphasized that women ASGs representing the Union government in high courts remain rare.
Referring to 2023 Bar Council of India data, she said only 2,84,507 of the 15,42,855 enrolled lawyers (15.31%) are women. She also cited a 2021 study revealing that only 76 of 750 high court judges were women, though the representation in district courts was better, with some states having women make up around half of the judicial officers.
Justice Kohli identified several barriers impeding the progress of women lawyers, including the challenge of balancing professional duties with family obligations, safety concerns, inadequate infrastructure (such as restrooms), and limited mentorship and networking opportunities.
She stressed that judicial stereotyping of women must be tackled through sensitization efforts aimed at judges and legal professionals. Workshops, debates, and anti-bias training programs are essential to counter prejudices in the field.
Justice Kohli highlighted both explicit and implicit forms of gender bias. Explicit bias is evident in discriminatory hiring and promotion practices, under-representation in prosecution roles, and fewer appointments as senior advocates or judges. Implicit bias manifests through weak enforcement of laws and policies designed to promote gender equality.
“Recognizing gender bias as a significant barrier to equality and progress is crucial,” she asserted, urging collective efforts from all sectors of society, including families and communities, where women encounter their first set of challenges.
Looking ahead, Justice Kohli outlined several measures to empower women in law, including policy reforms that promote equal pay and parental leave. She noted that while maternity leave laws exist, they are currently limited to mothers, with no national legislation ensuring parental leave for private-sector employees.
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