A new PIL filed by Advocate Yogamaya MG urges the Supreme Court to ensure fair representation of women, queer persons, and marginalized lawyers in Bar Councils. The plea highlights that only nine out of 441 council members are women, calling it a “deeply entrenched imbalance.”
A public interest litigation (PIL) has been filed in the Supreme Court of India seeking fair and proportional representation of women, queer persons, persons with disabilities, and lawyers from marginalized communities in the Bar Council of India (BCI) and all State Bar Councils.
The petition, filed by Advocate Yogamaya MG, argues that even after more than sixty years of the Advocates Act, 1961, there has been no proper law or policy to fix the “gross underrepresentation” of women and other marginalized sections in these important statutory bodies.
According to the plea, there are 441 members across all State Bar Councils, but only nine are women, showing what the petitioner calls a “deeply entrenched imbalance” in the governance of the legal profession.
The petition requests the Supreme Court to interpret the meaning of “proportional representation” under Section 3(2)(b) of the Advocates Act, 1961 in a broader way to include gender-based, social, and disability-based representation.
The petition states,
“The Bar Council plays a pivotal role in regulating the legal profession, yet its composition fails to reflect the diversity of the Bar itself. This is contrary to Articles 14, 15, 16, and 21 of the Constitution,”
It further adds that Article 15(3) allows the State to make special provisions for women, and this should also apply to the legal profession.
The petitioner has referred to several important Supreme Court judgments to support her plea, including Vishaka v. State of Rajasthan (1997), NALSA v. Union of India (2014), and Government of A.P. v. P.B. Vijayakumar (1995), all of which highlight the judiciary’s progressive role in protecting gender equality and promoting representation of marginalized groups.
The plea also points out that the Supreme Court itself took a major step earlier this year in Supreme Court of India v. B.D. Kaushik, where it directed reservation of one-third seats for women in the Executive Committee of the Supreme Court Bar Association (SCBA).
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The petition further argues that the current election system for Bar Councils is
“highly politicized and resource-intensive,”
which makes it difficult for many capable lawyers—especially women—to participate in the elections. It asks the Supreme Court to order reforms in the election process to make it more inclusive, transparent, and accessible.
The petitioner also claims that fair representation of women and marginalized communities in Bar Councils can help solve several long-pending issues within court premises, including lack of women’s toilets, childcare facilities, and proper mechanisms to deal with sexual harassment.
“Forceful DNA Testing Is Grave Intrusion on Privacy, Cannot Be Ordered Without ‘Eminent Need’: SC,” the plea also referred to in context of privacy and gender rights. It further connects the demand for representation to broader constitutional values of equality and justice.
The matter will soon be heard by a Bench of Justice Surya Kant and Justice Joymalya Bagchi.
In a related development, the Supreme Court has also issued notice on another PIL seeking reservation for women advocates in State Bar Councils across India, citing their gross under-representation in bar leadership despite increasing participation in the legal field.
This second petition was filed by Advocate Shehla Chaudhary, drawn by Advocates Md. Anas Chaudhary and Alia Zaid, and filed through Advocate-on-Record Ansar Ahmad Chaudhary.
Case Title:
Yogamaya MG v. Union of India & Ors.,
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