Noble Yet Unequal: Gender inequality in India's legal profession

The apex judicial body, the SC seats only 2 women judges out of 33 judges on its bench. Since its establishment, the SC has barely had 11 women judges out of a total 276 judges.  As of 2024, a dismal 14% of the HC judges are women. It appears that the proverbial glass ceiling does exist within the legal profession, hindering the progress of women and perpetuating inequality.

Glass Ceiling: A Painful Reality

There is a discerning perception favouring male lawyers, fuelled by unfounded belief that men are more assertive and capable of winning cases. The preference bias is rooted in archaic gender stereotypes, a perception that men are more capable of achieving favourable outcomes in court. This perpetuates a cycle of inequality, limits opportunities for women lawyers and bars women lawyers from level playing field.

The work culture too, both in chamber practice and law firms is particularly challenging for women. The old-boys-club culture puts forth the expectation of long hours in addition to working harder to get the same outcome as the male counterparts. This gets worse for women who must travel at night or who may have family responsibilities.

The grim truth is that the discourses surrounding work-life balance often conclude "women cannot have it all," reflecting the persistent challenges faced by women in achieving both professional success and personal fulfilment. However, the majority of men do not have to concern themselves with the household. Men who choose to stay single are appreciated for dedicating themselves fully to their career while women are put on pedestals of sanctity and sincerity every step of the way.

It is both the legal fraternity as well as the society in general culpable for the prevailing bias. While women do make choices that work best for their personal self; the stereotypes, assumed sense of sole responsibility of being the caregiver of the house and lastly the society make it terribly harder on women while making it awfully accommodating for men.

Remarks of several iconic women of the profession appear to iterate the same. A cursory reading of Justice Leila Seth’s autobiography, ‘On Balance’ provides a glimpse into the added baggage that comes with being a woman in the legal profession. More recently, a number of women judges and lawyers including SC J Bela Trivedi, J Pratibha M Singh, Indira Jaisingh among others have underscored the challenges faced by women in litigation. The systemic hurdles are compounded by organisational failures including lack of internal complaints committee for sexual harassment of women lawyers, sanitation & infrastructural issues in court premises, and lack of decent pay for junior lawyers.

Overworked and Underpaid junior lawyers: All hail the ‘Nobility’

It is an open secret that junior lawyers, irrespective of gender, are underpaid. Several SC judges including the present CJI Sanjiv Khanna have underscored that the exodus of young talent from litigation stems from structural issues such as meagre financial and social security, not simply personal choice.

Lack of good pay affects women, more so, because financial and social independence are significant considerations that have encouraged women to enter the workforce. Junior lawyers who assert their financial needs are often met with resistance or dismissal and are told that law practice is a nobility. The idea of ‘noble’ law practice is rendered moot when the very senior lawyers readily command exorbitant fees for their ‘professional services’.

If the profession is truly so noble, why is there such a stark contrast between the values preached and the significant financial rewards reaped?

The notion that litigation being a noble practice implies that lawyers should prioritise their dedication to the profession over personal financial considerations. This mindset creates an atmosphere where junior lawyers feel pressured to accept skimpy compensation that does not even provide for their sustenance without advocating for themselves. The pressure to conform to the culture of silence in addition to the apprehension of retribution and vindication from senior lawyers stifles any open discussions about fair pay further discouraging young women lawyers.

It is deeply disheartening to witness the culture of brazen inequality and discrimination among the very people whose very job is to advocate against such depravities. The old boys club that glorifies the late-nights, show-offs, casual sexism and office politics make it awfully worse for women lawyers to build careers in court practice while braving stereotypes.

While the glass ceiling remains stubbornly intact, there is hope.

India is poised to welcome its first woman CJI in the near future. Moreover, the past few years have witnessed a number of Petitions filed before various HCs and the SC seeking adequate representation of women in state Bar Associations and the BCI which signal a potential shift towards feminization of the legal profession.

The draft Advocates (Amendment) Bill, 2025 although vehemently opposed to, by the fraternity, has proposed positive diversity and inclusion measures, such as, reservation of women and marginalized communities in the bar council elections and committees. However, only time will reveal a clearer picture of whether these amendments will lead to meaningful representation, or manifest as a mere token gesture.

The climb is steep, but with continued advocacy, systemic reform, and a collective commitment to equality, the legal profession in India can strive towards becoming truly noble for all.

In the words of Ruth Bader Ginsberg, the former US Supreme Court judge and a legendary feminist icon of this era, “As women achieve power, the barriers will fall”.

(Trisha Shreyashi is a lawyer and columnist. She is also a member of the Cambridge University Press.)

Views are personal and do not represent the stand of this publication.