Perception That Women Are Less Authoritative As Compared To Their Male Counter Parts Undermines Their Credibility In Court: Justice Hima Kohli

At an event held on Friday (October 25) to mark 100 years since the enactment of the Legal Practitioner's (Women) Act, 1923, former judge of the Supreme Court Justice Hima Kohli said that the perception that women are less aggressive or authoritative as compared to their male counter parts undermines their credibility in court. This perception, the judge emphasized, may also affect hiring practices and limit opportunities for advancement of women in the profession. Justice Kohli was speaking at an event supported by the Society for Democratic Rights and the University of Cambridge which also saw the launch of a short film–'(IN)VISIBLE', produced by Doctoral Candidate at the University of Cambridge Bhumika Billa. This was followed by an all-woman panel discussion moderated by The Hindu's Diplomatic Affairs Editor Suhasini Haidar, also comprising of Justice Kohli, senior advocates Vibha Datta Makhija and Jayna Kothari, Advocate-on-Record and disability rights lawyer Sanchita Ain and Billa. 1923 Act a landmark moment allowing women to enrolIn her address at the outset of the event Justice Kohli said, "Let us look at the historic backdrop. Struggle for women's rights in India has deep roots intertwined with the suffrage movement and the broader fight for independence of India from the colonial rule. It was in 1923 that India saw a landmark moment where women were allowed to enrol...This was a radical shift at a time when women were largely confined within the domestic sphere. The struggle is therefore worthy of celebration". Women face constant struggle to maintain a balance approach She said, "A woman faces a constant struggle to maintain a balance approach in her profession. Woman continue to face this challenge and have continued to do so even today. As per 2023 the data of 15 States provided by the Bar Council of India indicates that there are 2,84,507 women lawyers. They account for only 15.31% of the totally enrolled 15,42,855 lawyers. While many drop out due to absence of work life balance because of systemic biases the lack of representation at senior levels remains a pressing concern. Similarly the statistics of the 2022 survey and research paper prepared by DNLU Maharashtra in respect of women in legal education paints a bleak picture. 5 out of 23 that is 21.73% of the national law universities had females as vice chancellors. Only 27 out of 104 professors in NLUs were women...37 out of 91 associate professors of them were females in NLUs".With respect to representation of women in higher judiciary, she said that the same has not improved much. Referring to a study Justice Kohli said, "Out of 650 High Court judges in India today only 76 are women, this amounts to around 11.7 % of the current strength of the high court judges. Position is better at the level of the district judiciary where in some states women judicial officers account for almost 50% of the total strength. Notably in the past 75 years no woman lawyer has been appointed as Attorney General nor has a woman lawyer held a post of Solicitor General. Though the number of women at the posts of ASG in Supreme Court has increased marginally. Women ASG representing in Union government in state high courts is few and far in between".Factors which have affected stultified progress of womenOn the "stultified progress of women historically and in the present", Justice Kohli pointed to some of the various factors such as gender discrimination and gender bias. She said, "Women lawyers have often encountered stereotypes that question their competence and their authority. The perception that women are less aggressive or authoritative as compared to their male counter parts undermines their credibility in court. This bias also affects hiring practices but also limits the opportunities for advancement within the legal firms and courts". On Work Life Balance she said that women are the primary care givers of children and elders at home, due to which many women lawyers find it difficult to commit fully to their legal careers and that many female lawyers also feel unsafe working at late hours. With respect to lack of infrastructure for women lawyers she said, "Something as basic as a rest room facility further contributes to this issue". She also said that lack of mentorship and network opportunities, could also be a possible challenge for women's growth in the profession. "As we complete this centenary milestone it is imperative we stop to look back at how far we have come and then look forward to assess how much further we need to travel," she underscored adding that it requires collective efforts from all sections of the society.She thereafter underscored, "Future of women in law in India hinges on our collective effort to dismantle systemic barriers and promote an environment that fosters equality...initiatives aimed at mentorship, skill development and creating inclusive work places are essential to ensure that women enter the profession and shine their ...

Perception That Women Are Less Authoritative As Compared To Their Male Counter Parts Undermines Their Credibility In Court: Justice Hima Kohli

Malavika Prasad

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