In a recent decision (click here) involving the reinstating of two civil judges in Madhya Pradesh, Justice Nagarathna of the Supreme Court made some key observations on the representation of women in the judiciary. She said that three factors needed to be ensured: (i) that women enter the legal profession, (ii) that they stay in the profession, and (iii) that they advance professionally.
Justice Nagarathna pointed out that the impact of increasing women’s participation, especially in the judiciary, would have a spillover effect into many areas, such as (i) senior judicial appointments shifting gender stereotypes, and changing attitudes of women’s roles; (ii) overall impact on greater representation of women in other decision-making positions; and (iii) More women judges, who are also therefore more visible, can encourage women to seek justice and enforce their rights through the courts.
It is useful to consider these observations in the broader context of the legal profession, and not just the judiciary.
Women accounted for 40% of all promotions across corporate law firms in India in 2023 with female partners in leading law firms constituting between 22-27% of the partnerships (click here). Senior Advocate designations in 2024 saw women comprising approximately 20% of the senior advocates who were designated at the Supreme Court of India and 18.5% of those at the High Court of Delhi.
So, not all is doom and gloom then. Progress has been made and glass ceilings have been shattered. Congratulatory messages abound and male counterparts exclaim on how equality has been achieved. That is not quite the case though. While representation of women at senior levels in the Indian legal fraternity has increased, it is still nowhere close to the ideal, certainly not when we compare it with the gender ratio of women in India, which is estimated to be at 48.44% (click here).
Each year, hundreds of women lawyers graduate from law schools across the country, to practice before Indian courts, with law firms and think tanks, and in in-house roles. At entry level, the male- female ratio is balanced (more or less). A few years down the professional road, this ratio is skewed, imbalanced, with senior leadership roles mostly with men. This begs the question – is enough being done and are the struggles that appear inherent to women lawyers recognized? How can women be encouraged to take on leadership roles? What concrete steps are being taken to mentor women? Not all women – or even men, at that rate – have the desire or luxury to set up independent practices; many may prefer that the organizations they have dedicated years to, recognize and reward their ambition and hard work.
Ideally, law firms should strive to retain people on merit, for their competence, commitment, hard work, dependability and ability to collaborate – whether these are men or women. It might well happen that in filtering for such characteristics, women rise to the top naturally, as has happened at our firm, where a majority of our partners are in fact women.
Similarly, firms should be considerate of persons who need to balance their personal concerns with professional responsibilities. This could mean, for example, giving people, regardless of gender, the option of working from remote locations due to personal obligations. This requires recognising that a work-from-home policy does not come into relevance only during a pandemic, but in the normal humdrum of human existence as well. These should not interfere with the course of professional development. At our firm, for instance, many female lawyers have been accorded promotions including partnerships after maternity breaks; at the same time, we have had lawyers who have needed support due to mental burnout, but their professional positions have not been compromised in any way. To quote Justice Nagarathna again, “It is not enough to find comfort solely in the growing number of [women] if we are unable to secure for them a sensitive work environment and guidance.”
To return to the data, the numbers showing senior representation in Indian law firms and senior advocate designations in the Supreme Court and the Delhi High Court, are all positive markers. Giant strides await for womankind, the organizations that they work for, and are aspirational for women lawyers who can see a future and path for themselves. This women’s day – here is to more women taking bold steps and ensuring that the glass is not half empty and is well on its way to becoming full.
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