At Least 30% Of Govt Law Officers Must Be Women : Justice BV Nagarathna

Justice BV Nagarathna, Judge of the Supreme Court, opined that at least 30 percent of government law officers should be women.  She also advocated that at least 30% of all Public Sectors' empanelment of legal advisors must be women, so also in all State instrumentalities and agencies.

Speaking at a seminar on the topic "Breaking the Glass Ceiling: Women Who Made It" on Saturday, Justice Nagarathna discussed various steps which are essential to dismantle the gender barriers in professional spaces, especially the legal profession.

"As far as the legal profession is concerned, at least 30% of the Law Officers representing the Central or State Governments must be women. Further, atlest 30% of all Public Sectors' empanelment of Legal Advisors must be women, so also in all State instrumentalities and agencies," Justice Nagarathna said.

She also stressed that gender diversity must be ensured in elevations to the bench as well.

"Further, elevation of women advocates who are competent to the High Courts is a solution to have greater diversity on the Bench. If male advocates can be appointed even though they are less than 45 years to the High Courts, then why not competent women advocates."

As a first step towards women empowerment, Justice Nagarathna emphasised the importance of education for girls. "When girls are educated, they are empowered to dream big, to pursue their passions, and to achieve their full potential. We must ensure that every girl, regardless of her background or socioeconomic status, has access to quality education," she said. Beyond education, their participation in workforce must also be ensured.

Secondly, Justice Nagarathna outlined the importance of mentorship. Mentors can provide invaluable advice, encouragement, and connections that can help women navigate the challenges of the workplace. "We need to create more opportunities for women to mentor and be mentored, fostering a culture of support and collaboration," she opined.

Thirdly, deep-rooted stereotypes and biases that hold women back must be dismantled. This requires a conscious effort to change mindsets, to promote gender equality, and to create a more inclusive and equitable society. We must dispel the predominant notion that inclusivity amounts to ignoring merit. Any attempt at inclusivity does not prioritise inclusivity over meritocracy but only challenges entrenched stereotypes. She said that the mere existence of entrenched stereotypes necessitates the law to encourage inclusivity. For instance, the Companies Act, 2013 mandates increasing representation of women on boards in the corporate sector. The policy led to an increase in the share of women on Boards to nearly 10% by April 2015 from 5% in 2014. This legal requirement has engendered a discovery ecosystem for competent and experienced women directors whose perspective would have been earlier lost solely due to their gender.

As regards political representation, Justice Nagarathna noted that though a Constitutional amendment has been passed to give 33% women's reservation in Parliament and State Legislative Assemblies, the implementation of the law has been deferred. Even as of 2024, women held only 14% of Lok Sabha seats and 15% in Rajya Sabha, and occupied less than 7% of ministerial positions, she noted. At the same time, Justice Nagarathna noted that women's reservation at Panchayat levels has led to 1.4 million elected women representatives.

Upward mobility of women hampered by systemic discrimination

Justice Nagarathna said that though the number of women graduating from leading law schools and who are working at junior levels is nearly equal to their male counterparts, this does not translate into equal representation at higher levels. The upward mobility of women is hampered by systemic discrimination.

She also called upon the judiciary to be sensitive and free from biases while dealing with issues pertaining to women. Promoting gender diversity in the judiciary wil diversify the life experiences of judges and will bring multiple perspectives to the fore, leading to a more balanced adjudication.

In her lecture, Justice Nagarathna also talked about the importance of celebrating the achievements of women who have broken glass ceilings. "Their stories need to be told and retold, inspiring others to follow in their footsteps. By recognizing and honouring their contributions, we send a powerful message that women's leadership is valued and celebrated."

She lauded the women trailblazers in the legal profession. She remembered Cornelia Sorabji, India's first woman lawyer, Justice Anna Chandy, India's first woman judge, Justice M Fathima Beevi, first woman judge of the Supreme Court. The legacies of Justice Ruma Pal and Justice Sujata Manohar were highlighted, alongside a tribute to India's women constitution-makers, including Durgabai Deshmukh, Amrit Kaur, and Sucheta Kripalani.

She also talked about the achievements of 'unsung women', who, although may not have made headlines through high-profile achievements, have contributed significantly to society. In this context, she mentioned the ASHA workers and said their efforts must be acknowledged.

"The rich interior lives of ordinary women whose primary roles as mothers, wives, and care-givers must also be recognised. Their importance is not always visible but in many ways, these are the women who hold the fort for their family members to conquer the world outside. Raising children and managing households also requires a great deal of leadership, intellectual ability, and creativity."

The seminar was organized by the University of Mumbai and the Indian Council of Social Science Research as part of the centenary celebrations of Cornelia Sorabji, the first female advocate in India.

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