Chief Justice of India Surya Kant said that while more women are joining the legal profession, very few are able to continue and grow due to discrimination in work allocation, briefing, and empanelment. He suggested 50% representation for women in government panels and called for institutional support like maternity protection and financial assistance.
Chief Justice of India Surya Kant on Saturday spoke about the growing number of women entering the legal profession but raised concern that only a small percentage of them are able to continue and build a long-term professional career in law. He explained that while gender equality is visible at the entry level in law schools and in the initial years of legal practice, the real problem begins later when many women are unable to continue in the profession due to various structural and professional challenges.
The Chief Justice pointed out that today more women are joining the Bar than ever before, which shows progress in terms of access and opportunity. However, he said the real issue is not entry into the profession but survival and growth in the profession over time.
He emphasized that the legal system must examine why women are not able to maintain the same level of equality as their male counterparts as their careers progress.
“There is a very growing trend in the last couple of years that women are joining the Bar. The problem starts after that. I think the question is that, are we able to maintain that equality at the subsequent stages of progression in professional life,”
he stated.
The Chief Justice was speaking at the National Conference organised by the Supreme Court Bar Association on the theme
“Reimagining Judicial Governance: Strengthening Institutions for Democratic Justice,” where he addressed a session on “Inclusive Institutions and Women in the Legal Profession.”
During his address, he appreciated a national survey conducted on the welfare of women advocates and said that the survey is an important step towards understanding the real challenges faced by women in the legal profession.
He noted that the report does not just highlight the problems but also suggests practical solutions. According to him, one of the major issues identified in the report is gender-based discrimination in work allocation, briefing, and empanelment of lawyers, which directly affects the professional growth of women lawyers.
“The best part of the report is that it merely does not flag the problem or the issue or the challenge, it also tries to respond to it as to what can be the effective response to that, and the answer given is gender based discrimination in work allocation, briefing and empanelment,”
he remarked.
The Chief Justice further stressed that equality under the Constitution should not remain limited to written provisions but must be visible in real life and in professional opportunities. He said that real equality means equal opportunities, equal work distribution, and equal chances of professional growth, and this requires active steps by institutions and authorities.
“I personally believe that when we talk of equality within our constitutional framework, this equality is not merely on papers. So the equality has to be translated into the lived experiences, and for that we have to take initiative at different levels,”
he said.
He then suggested a major reform measure and said that women lawyers should be given at least 50 percent representation in government empanelment and legal aid panels. He explained that such representation will not only ensure equal opportunity but will also provide financial stability and professional recognition to women lawyers, especially in the early years of their practice.
“I always find that in the government empanelment of advocates, let us ensure that we do not go by 30 percent, but at least 50 percent women lawyers should be empanelled as government counsel,”
he suggested.
He also highlighted the need for institutional support systems to help women continue in the legal profession. These include maternity protection policies, financial assistance during the initial years of practice, and safe working environments. He said that without such support systems, it is very difficult for many women to sustain a long-term legal career.
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The Chief Justice finally described the survey report on women advocates as an important guiding document for future reforms in the legal profession. He said the report should be treated as a policy guide for institutions and authorities to bring real change and improve the condition of women in the legal field.
“So this report itself, to my mind, is a guide. It is a guidebook. It is something it really should hold as a smaller mini constitution for us, and we should follow all the analysis done in it,” he remarked.
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