Women’s day: Virtual hearings prove to be a game changer for women lawyers

However, with DY Chandrachud taking over as Chief Justice of India (CJI) in November 2022, the use of technology in the courtroom has been encouraged, and lawyers were allowed to appear online and even argue an entire case.

In October 2023, a CJI-led bench of the apex court passed an order mandating virtual hearing facilities in all high courts and tribunals. The order said: "Technology plays an essential role in securing access to courtrooms and, as a result, access to justice for citizens across the country. Lawyers and litigants using electronic gadgets to access files and legal materials cannot be asked to turn the clock back and only refer to paper books. In the march of technology, the courts cannot remain tech-averse."

According to lawyer Akanksha Kaul, “I have seen a lot of women leave the profession or suffer a setback in their careers once they conceive. Our profession doesn’t permit people to take a break for a year or even six months, particularly when you have an independent practice. The option of virtual hearings has meant that my husband and I can take turns working from home and be around our daughter.”

Moving toward a gender-neutral meritocracy

Suhasini Sen, Advocate on Record (AoR) at the Supreme Court, said: “I genuinely believe that the legal profession has come a long way over the last decade or so, in terms of levelling the playing field for women. The surest indicator for me has been that I no longer attribute professional interactions whether negative or positive to my gender. This was not always the case, and I feel that it’s a small sign that we are moving towards a gender-neutral meritocracy, though there is much more to be done.”

In a historic move, the SC, in 2024, designated 12 women lawyers as senior advocates. Till 2024, only 12 women were designated as senior advocates in SC's history. In his speech at the 50th anniversary celebrations of the apex court (mention when), the CJI said: “Traditionally, the legal profession was a profession of elite men. Times have changed. Women, traditionally under-represented in the profession, now constitute 36.3 percent of the working strength of the district judiciary. "

The CJI stated that over 50 percent of the selected candidates for the post of junior civil judge in various states, such as Andhra Pradesh, Arunachal Pradesh, Chhattisgarh and Delhi, were women. He further said: "In the Supreme Court of India, we hire law clerks-cum-research associates to assist the judges, out of which 41 percent candidates are women this year."

In August 2023, the SC launched a handbook glossary of gender unjust terms and alternative words and phrases which may be used. Hailing the handbook, Divan said: “Although it does not pertain to women advocates specifically, it engenders a culture that is less tolerant of sexism.”

Judicial intervention

Srishti Agnihotri, AoR said, “In May 2023, the SC, in the Aureliano Fernandes versus State of Goa case, took stock of the law on sexual harassment at workplaces. The court passed directions to strengthen the implementation of the PoSH (Prevention  of Sexual Harassment Committee) Act while noting with concern some serious shortcomings in its enforcement.”

In its order, the court directed the Union, state governments as well as statutory bodies of professionals, to ensure that Internal Complaints Committees (ICCs) /Local Committees(LCs) /Internal Committees(ICs) are set up. According to Agnihotri, “The judgment is crucial for its recognition that even though the provisions of the PoSH Act are salutary in nature, it will remain an empty formality without a strong enforcement mechanism.”

The court has also been taking calculated calls on Medical Termination of Pregnancy (MTP), drawing lines between a woman’s physical and mental health. While the court, in 2022, permitted a 25-week pregnant woman to terminate her pregnancy after consulting a team of doctors from AIIMS, it rejected a similar request from a 26-week pregnant woman after the doctors opined against it.

SC’s measures ‘patronising’

Senior advocate Vibha Datta Makhija, however, differed with others on SC’s measures. “Most conscious moves of the courts to make litigation a conducive profession have been patronising. It is to the older generation of women who have chipped on the block of patriarchal attitudes by sheer determination, that we owe our current seat on the table,” she said.