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At Least 30% Of Govt Law Officers Must Be Women :
Justice BV Nagarathna
"If male advocates can be appointed even though they are less than 45
years to HCs, then why not competent women advocates?" she asked.;
By - LIVELAW NEWS NETWORK Update: 2025-03-16 04:35 GMT
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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."
Top Stories
The seminar wasNews Updates
organized Columns
by the Interviews
University Foreign/International
of Mumbai RT of
and the Indian Council
Social Science Research as part of the centenary celebrations of Cornelia Sorabji, the
first female advocate in India.
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