Legal Reforms and Gender Equality: Balancing Justice and Inclusion
The Madras High Court this week directed the Bar Council of Tamil Nadu and Puducherry (TN Bar Council) to issue circulars to all bar associations in the State and in the Union Territory of Puducherry, mandating that they pay all junior lawyers registered with them a minimum monthly stipend between ₹15,000 and ₹20,000, giving reference of Article 21 that "one’s right to livelihood extends to young law graduates. Though they are here to learn, they must be paid. Their inability to make a living must not come in their way of learning.”
Risks of Legal Reform: Increased Discrimination and Gender Inequality
The law led by the Honourable High Court aimed at reforming the legal profession has sparked concern over its potential to inadvertently increase discrimination and hinder women's participation in a traditionally male-dominated field. While the law's intentions are commendable, and the high court also urged equal pay for all lawyers regardless of gender in its expression including transgender persons." However, the proposed reform idea requires a well-thought-out solution and collaboration and exploration to develop a comprehensive plan to achieve desired outcomes. If unaddressed the implementation may lead to several negative impacts, particularly for young women and transgender individuals. The legal profession demands long hours, late evenings, and extensive travel between courts. These requirements pose significant challenges for women, especially those in junior positions. Long hours &late evening office commitments, lack of access to private vehicles, physical demands and period-related sick leave further complicate their professional lives. Consequently, fewer young women and transgender individuals may be hired for these positions, leading to increased vulnerability and job insecurity, as Job insecurity is a critical issue. When women feel uncertain about their employment stability, they are less likely to report sexual harassment. Fear of retaliation and the potential loss of livelihood creates a hostile environment where harassment goes unreported and unaddressed. In a profession dominated by men, power imbalances are more pronounced, exacerbating these issues. The lack of female representation and support systems further intensifies the problem, leaving junior female employees without the necessary guidance to safely report harassment.
Widening Socio-Economic Divide and Increasing Labor Exploitation
The law may also widen the socio-economic divide, affecting not just women but fresh law graduates from diverse economic and social backgrounds and equally impacting fresh graduates from non-legal backgrounds. As fewer opportunities become available, those from disadvantaged backgrounds may find it increasingly difficult to secure positions and advance in their careers. Now as a paid job, the working hours can potentially be extended and we can see increased labour exploitation and reduced time off can lead to higher stress levels and severe mental health issues for all employees, regardless of gender. The pressure to perform under strenuous conditions results in burnout and long-term health problems, further hindering career progression and overall job satisfaction.
Furthermore, the increased costs of litigation could place a heavier burden on clients, limiting access to justice for those who cannot afford high legal fees. This economic barrier runs contrary to the fundamental purpose of the legal system, which is to provide fair and equitable access to justice for all. Moreover, the potential rise in corruption due to the hiring of non-legal personnel for ancillary tasks undermines the integrity of the legal profession and erodes public trust. The focus on cost-cutting measures and non-legal hires can dilute the quality of legal services, leading to increased instances of malpractice and ethical breaches.
In the long run, reduced participation of women in the legal profession can have severe implications for judicial representation. Presently, with only 15% of enrolled women lawyers in India and the nascent recognition of transgender individuals in the profession, the pool of candidates eligible for elevation to higher judicial positions like the High Courts and Supreme Court becomes disproportionately male. This lack of diversity at the judiciary's highest levels can affect the breadth and depth of perspectives in judicial decision-making, leading to rulings that may not fully consider the varied experiences and needs of all societal segments.
This diminished representation can perpetuate a cycle where the legal profession remains less inclusive and less reflective of society's diversity. Fewer women in senior roles and judicial positions mean fewer role models and mentors for upcoming female lawyers, exacerbating the gender imbalance further. This cycle of underrepresentation not only stifles the professional growth of women but also undermines the overall effectiveness and fairness of the legal system.
Over the time, these issues contribute to a more expensive and less accessible legal system, driving people away from seeking justice through the courts. The law's unintended consequences could deter capable individuals from entering the profession and stifle diversity, which is essential for a robust and representative legal system. To mitigate these adverse effects, it is crucial for stakeholders, including state governments, lawyers and bar councils at both the state and national levels, to collaborate, prepare SOP and implement measures that support all legal professionals. Utilizing government share of assistance and lawyer welfare funds to provide financial and legal assistance, developing secure reporting channels for harassment, and promoting mentorship and support systems can help create a more inclusive and equitable profession. By addressing these potential negative impacts proactively, we can ensure that the legal system remains accessible and just, fulfilling its core mission of serving the public good.
Advocate Sagina walyat is a researcher, AsiaGlobal Fellow, Gender Analyst and Lawyer at the High Courts.
