"No Women Should Have To Choose Between Motherhood and Profession", Says Sr. Adv. Indira Jaising At Webinar On Feminist Lawyering

"No women should be compelled to choose between motherhood and profession", said Senior Advocate Indira Jaising at a virtual seminar organized by Delhi High Court Women Lawyers Forum on the topic "Feminist Lawyering: From Invisible to Invincible".Apart from Jaising, the seminar was also attended by Advocate Nitya Ramakrishnan. It was moderated by Advocates Miriam Fozia Rahman and Abhisree Saujanya. Jaising commenced the discussion with a note on what "feminist lawyering" constituted. "When we say 'feminist lawyering', it doesn't mean that I am only espousing the cause of women, and I am only doing this because I am a woman. Feminism and biological sex should not be conflated with each other." Referring to her work as a lawyer, Jaising stated that she never goes to Court thinking that she will be losing a case; she goes to Court thinking that she will win as she believes her arguments and that they sprout from the Constitution of India. "Learn how to stand your ground and do not give up on your argument. Try to persuade the Judge with your line of argument. Speaking your mind in a respectful manner is fabulous. Many judges change their mind after listening to a good argument". While recalling the Sabarimala case, Jaising observed that the matter was an intersection of right to religion and the rights of women. "As a lawyer, you make the personal, political. I, as a teenager, have seen my own mother being treated as an Untouchable when she was menstruating. I made a bold argument with regard to Sabarimala. I called it as discriminatory. When asked what happens to women during the age between 10-50, the male lawyers said 'that thing'. They could not say menstruation". Speaking on the topic of representation of women in Courts, Jaising brought attention to the dismal number of judges who were women. "Only 7 judges (women) have been there in the Supreme Court in the past 70 years. I wonder if there is a link between the numbers 70 and 7". She also raised the issue of lack of women-friendly infrastructure of the Supreme Court and how she was prompted to file a petition as, until two years ago, there was no creche in the Apex Court as the Court had not been built with the vision that one day it would be flooded with lawyers who were women. Jaising said, "No woman should be compelled to choose between motherhood and profession". Advocate Nitya Ramakrishnan then commenced her address by stating that feminism meant the breaking of stereotypes. She observed that in matters of maintenance, right to property, a lot of progress was needed, and merely because a woman was at home, it did not translate into lesser entitlement. A comment was further made on how misogyny has pervaded social media and begins when people start referring to their daughters as "liability". Both Jaising and Ramakrishnan called for a change in Court procedures and administration when it came to matters of gender justice. While Ramakrishnan stated that procedures had to become people-friendly and should stem from the human rights aspect, Jaising noted that guidelines should be issued by the Supreme Court on what should be said by Judges in a judgment pertaining to gender justice. On that note, the enlightening virtual seminar came to an end.

"No Women Should Have To Choose Between Motherhood and Profession", Says Sr. Adv. Indira Jaising At Webinar On Feminist Lawyering

Radhika Roy

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