NEW DELHI: In a landmark move, the Supreme Court has directed the introduction of women’s reservation in bar associations across Delhi on an experimental basis. The decision, delivered by a Bench comprising Justices Surya Kant and Ujjal Bhuyan, comes after petitions advocating for a 33% quota for women in bar bodies. This decision was made in light of ongoing debates about gender representation in legal institutions.
As part of interim measures, the Court has reserved the position of Treasurer in all Delhi bar associations for women. Additionally, the Delhi High Court Bar Association (DHCBA) will reserve a seat for a female Designated Senior Member in its Executive Committee. The Court has also mandated that 30% of the Executive Committee positions in district court bar associations must be allocated to women. This progressive step aims to ensure greater participation of women in decision-making bodies in the legal profession.
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The Court’s intervention comes after the DHCBA rejected a suggestion to reserve the post of Treasurer and three executive committee positions for women. The Court questioned whether the DHCBA had considered the constitutional ethos of women’s representation when rejecting the proposal. It also sought clarification on the reasons behind this decision, particularly after DHCBA’s rejection in a meeting held on October 7, 2023. The Court has called for a video recording of that meeting for further scrutiny.
Justice Surya Kant emphasized that the bar in Delhi stands on a higher pedestal, urging DHCBA to reflect on its decision, particularly in light of the constitutional responsibility of promoting women’s participation. Since 1962, no woman has been elected president of the DHCBA, which has raised concerns about gender inequality within the association.
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The petition for women’s reservation in the DHCBA was filed by three women lawyers: Fozia Rehman, Aditi Chaudhary, and Shobha Gupta. The DHCBA, however, defended its position in an affidavit, claiming autonomy as a private body and stating that women already hold some executive committee positions based on merit. Women currently make up 22% of the total membership in the association.
The Supreme Court Bar Association (SCBA) had already implemented a 33% reservation for women in its executive committee and office-bearer positions through a May order, setting a precedent for other bar bodies to follow. The Court now looks to the DHCBA to take a progressive step in this direction, ensuring women’s active participation in legal leadership.