The Supreme Court on Friday stressed the need to create conditions that enable women advocates to discharge their professional responsibilities effectively, safely and on equal terms.
The apex court took note of issues raised in a plea that flagged the absence of adequately equipped ladies’ Bar rooms and other essential facilities in most of the courts, tribunals and commissions across the country. The court also issued a notice to the Centre, all states and Union Territories and others, seeking their responses on the plea.
A bench of Chief Justice Surya Kant and Justice V Mohana said the legal profession has witnessed increasing participation of women over the last few decades, however, the mere opening of doors alone cannot be a sufficient cause for celebration. The top court said availability of adequately equipped spaces for women professionals within the court complexes was one such indispensable condition.
Taking note of issues raised in a plea that flagged the absence of adequately equipped ladies' Bar rooms and other essential facilities in most of the courts, tribunals and commissions across the country, the apex court said the concerns raised could not be brushed aside as a matter of mere convenience
The petitioners had pointed to the lack of adequately equipped Bar rooms for women lawyers and other essential facilities in most courts, tribunals and commissions. Flagging financial difficulties faced by young lawyers, they proposed a Young Advocates Corpus Fund to be controlled by State Bar Councils to give fixed monthly stipends to new entrants to the profession.
In support, the petitioners had relied on a survey conducted through a questionnaire titled "Form for Basic Provisions and Amenities," circulated among women advocates and backed by physical visits to several court complexes. The data showed that most court complexes either had no dedicated ladies' Bar room or provided facilities that were grossly inadequate, lacking basics such as proper seating, clean washrooms, changing rooms and nursing facilities.
It held that the provision of such facilities prima facie bore a direct nexus with the right to live and work with dignity under Article 21 of the Constitution, noting that the word "life" in Article 21 had consistently been read expansively to include conditions necessary for a dignified existence.to the second issue, the Court said that financial hardships faced by young advocates was gender-neutral and merited equally serious consideration.
The Court noted that this period of financial turmoil often compels capable young lawyers to abandon practice altogether, leading to a professional "brain drain" that diminishes the Bar's ability to attract and retain talent, a problem that is particularly acute for first-generation lawyers and those from disadvantaged backgrounds.
The Court suggested the creation of a Young Lawyers' Professional Assistance Fund, to be established under the exclusive control of the jurisdictional High Courts or an autonomous body constituted by the Union and state governments.
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