Delhi High Court hears arguments in favour of 33 percent reservation for women in Bar associations

Senior advocate Geeta Luthra, for the petitioner advocate Fozia Rahman, said "The Bar must be forthcoming in accommodating women in the legal fraternity."

—

YESTERDAY, the Delhi High Court heard arguments in a petition seeking 33 percent reservation for women in the elections of various Bar associations across Delhi. This marks a significant step toward gender representation within legal bodies.

Senior Advocate Geeta Luthra, representing petitioner Fozia Rahman, an advocate herself and women's rights activist, emphasised that the issue should not be viewed as adversarial litigation but rather as an opportunity for the legal fraternity to be more inclusive.

She stated, "The Bar must be forthcoming in accommodating women in the legal fraternity. We have men of substance in the Bar, and it is time we need women of substance as well."

Her remarks underscored the importance of cooperation and progress toward gender equity in leadership roles within Bar associations.

Advocate Sunieta Ojha, representing an intervenor supporting the petition, referenced the Supreme Court's Order in the B.D. Kaushik case, where a 33 percent reservation pilot project had seen success.

She averred that after that case, the Supreme Court Bar Association, an elected representative body, has had a fair representation of women. She also critiqued the Delhi High Court Bar Association (DHCBA) for their social media post featuring only male representatives under the slogan 'Men in Blue'. Ojha remarked, "Let there be representation of women as well, not just men."

Also read: Law and Disorder: Episode 22

The DHCBA, after internal deliberations, informed the court that it did not support implementing reservations for women. The Delhi High Court also showed reluctance to pass an Order in light of the D.K. Sharma versus Bar Council of Delhi case, where the Supreme Court has stayed an earlier Order of the Delhi High Court regarding the scheduling of Bar association elections.

During the proceedings, Justice Tushar Rao Gadela remarked that the fight for gender equality should be equal, comparing it to Kamala Harris's candidacy in the US elections.

However, senior advocate Pinky Anand countered, "Reservations at the panchayat level have been successful, with more than 50 percent representation of women." Anand further argued that reservations create a conducive environment for women to participate in decision-making bodies.

The high court granted the Bar associations time to formally file their replies and adjourned the matter for further consideration.

This case highlights the ongoing debate around gender representation in legal institutions, setting the stage for significant developments in the near future.