Moving further toward gender equality and inclusivity, the Supreme Court of India has mandated a 30% reservation for women lawyers in executive positions within the Delhi Tax Bar Association and the Sales Tax Bar Association, including the Treasurer’s post.
This decision, on January 22, 2025, extends the principles of inclusivity outlined in a prior judgment related to bar associations in the National Capital Territory (NCT) of Delhi.
The bench, comprising Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan, clarified that the eligibility conditions prescribed in its earlier orders for the Delhi District Bar Associations will apply mutatis mutandis to these associations.
This decision follows earlier rulings in the Fozia Rehman case, which directed similar reservations in the Delhi High Court and District Bar Associations. The court was addressing two applications, one relating to the Delhi Tax Bar Association and another concerning an Advocates’ Association in Bangalore, where notice was issued but no orders were passed yet.
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Previously, on January 20, the Supreme Court extended similar reservations to the National Green Tribunal Bar Association in Delhi, emphasizing its commitment to gender inclusivity and equal representation in professional legal bodies.
The directive aligns with Articles 14, 15, and 16 of the Indian Constitution, which enshrine the principles of equality, non-discrimination, and affirmative action. Article 15(3), in particular, empowers the state to make special provisions for women and children. By mandating reservations in bar associations, the court reinforces these constitutional ideals and highlights the judiciary’s role in ensuring equal opportunities for women in male-dominated professions.
Vishaka v. State of Rajasthan (1997): This landmark case recognized the need for affirmative measures to ensure women’s equality in workplaces. The guidelines set forth in this judgment laid the foundation for creating a conducive environment for women in professional spaces.
Joseph Shine v. Union of India (2018): The Supreme Court, in this case, reiterated the importance of women’s empowerment and autonomy, emphasizing the need to dismantle systemic barriers that hinder their participation in public life.
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Madhu Kishwar v. State of Bihar (1996): The judgment recognized that the law must address the systemic disadvantages faced by women, especially in contexts where gender inequality is deeply entrenched.
Bar Council of India Rules
The Bar Council of India Rules, framed under the Advocates Act, 1961, emphasize professional equality and prohibit discriminatory practices within the legal fraternity. While these rules do not specifically mandate reservations, they provide a framework to advocate for gender inclusivity in legal bodies.
Global Trends and Comparisons
The directive is also consistent with global efforts to increase women’s representation in leadership roles. For instance, the United Nations’ Sustainable Development Goal 5 advocates for gender equality and empowerment of women in all spheres, including professional and leadership domains.
The decision is one step further in the direction of gender parity in the legal profession. Women lawyers have historically faced barriers to leadership in bar associations, which are instrumental in shaping the legal landscape. By reserving 30% of executive positions, including the Treasurer’s post, for women, the Supreme Court judgment also holds symbolic and practical significance. It sends a strong message about the judiciary’s commitment to fostering gender justice and inclusivity.
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