No ‘fair’ play at seniors’ club in judiciary

Experts say one reason for the poor number of senior women advocates is that they have been unable to make the desired climb having put family first, ahead of their careers. Besides the fact that in terms of numbers, men out number women in legal profession, the refrain among women not being able to make it big in the judiciary is because they do not get as much chance as men do, to argue in courts. 

Also, the fact remains that owing to familial pressure, women advocates prefer to be solicitors or advocates on record, compared to arguing in court, since this offers them the flexibility of handling both family and profession well. When asked to comment on the reasons, Justice S Vimala, preferred to not dwell much on the male domination in the higher echelons of the judiciary. 

“It is quite understandable that familial pressure comes in the way of a woman’s career choice and the ability to pursue it as a passion. I used to ignore invitations for family functions and would instead rejoice, because it gave me time to learn the nuances of law. Hard work is bound to break the hurdles one faces in their respective profession,” she recalls. 

Personal reasons apart, rampant complaints have been raised over the lack of transparency in the selection of senior advocates. In fact, an advocate from the Bombay High Court has moved the Supreme Court stating that there are no clear criteria to judge the competence of those who are in the reckoning for selection as senior advocates, and that the whole practice must be done away with. But senior counsel Vaigai, feels that gender bias continues to bog down the judiciary as much as it does other professions. 

“It is true that women have got into the legal profession late. For that matter, appointing women lawyers to many panels like banks or public sectors has commenced only recently. But during the past 15 years’ women have come a long way in making their presence felt,” she pointed out. 

Professional rivalry too has played its part, said some, resulting in male lawyers treating women as outsiders. Aspects like caste system and hierarchy are also said to be playing havoc with women being drawn into the muddle of male domination and their old boys’ network. 

Senior Counsel P Wilson conceded that compared to men advocates, women advocates continue to be disadvantaged owing to familial pressure. “Unlike earlier times, women advocates have proved their mettle when it comes to arguing their cases. 

There is ample space for both the men and women advocates to grow and with more quality women advocates entering the portals of justice, their hard work is bound to be rewarded.”

Experts however say things are bound to improve, especially with  the present generation of lawyers passing out from national law schools and other quality law schools. According to them, with the current generation of women perfecting the balancing act of running a family and excelling in their profession, sooner rather than later Madras High Court will lose the dubious distinction of being an all men’s club.

Five women were nominated as senior advocates between 1966 and 2012, of the 300-plus club of seniors. In 2013, three more women were named. In 2014, only one woman was elevated. Three more made it in 2015.