By any reckoning, I really just don't see prima facie any single bona fide reason as to why inspite of women's representation sorely lacking in the different courts in our country especially in our district courts with High Courts and Supreme Court also faring not very well on this count which is definitely a matter of grave concern should they not be provided with at least 33 percent reservation in key posts in different Bars all across the nation. It goes without saying that this has also been their long standing most legitimate and so also most compelling demand also which most unfortunately has not been fulfilled since a very long time. There can definitely be just no gainsaying that the time is ripe now to set in motion at least 33% reservation in bar bodies in all our courts in India to ensure that their voice gets due representation and is not muffled because of complete lack of representation in key positions in bar bodies in all the courts in our country which as we all know is dominated by men only and this must change at least now when we have just celebrated our 76th Republic day most pompously.
I am at a complete loss to comprehend that why can't women's reservation be made strictly in all bar bodies in all the courts all across the country even after nearly 80 years of independence which makes me hang my head in shame! I very strongly feel that reservation for key posts for women like President, General Secretary etc should be made every alternate year but definitely not permanent as that would tantamount to grave injustice for men by closing doors of prestigious posts permanently which for sure definitely cannot be justified at all under any circumstances from any angle but reserving it for an year for women every alternate year is a far better feasible proposition to which men also should be willing to accommodate! There can definitely be just no denying or disputing it!
It is most heartening to read in the local Hindi newspapers dated February 1, 2025 that for ensuring 33 percent reservation to women in the annual elections of Meerut Bar Association, a delegation of women lawyers comprising of Urvashi Chaudhary, Minal Gautam, Arshiya Jain, Anshika Sharma, Meenakshi Rai, Renu Sharma, Amresh Chaudhary, Dipika Chaudhary, Anubha Saini, Yogita, Alka Gautam, Neha Chauhan, Preeti Saini, Sita Rani, Ghazala Ansari and Monika Gaur among others submitted a memorandum in this regard to the President of Meerut Bar Association - Mr Rohitashwa Kumar Agarwal and so also to the General Secretary of Meerut Bar Association - Mr Amit Dixit. It was pointed out in this memorandum that with the passage of time the participation of women is increasing very rapidly in every field in our society. It was pointed out with a deep sense of anguish lamenting that inspite of Meerut Bar Association having established more than a century and a half ago yet the appointment of women advocates in key posts like President, General Secretary and Treasurer have never taken place. I am certainly myself also most deeply shocked to learn about this most unpalatable and undeniable truth which definitely makes for most depressing reading.
I have just no hesitation of any kind to concede that a woman litigant who has gone through some crime by a men would be in a better position to explain and confide it to women sitting in a position of prominence like President or General Secretary than a men to whom she would be most hesitant as we see also in court rooms. Apart from this, if more women are appointed to such key positions then their confidence level would enhance immensely and this will enable them to match shoulder to shoulder with men in all respects without feeling depressed of being unrepresented as we see presently which must change as change is the law of progress. Even former PM late Dr Manmohan Singh had once very famously rightly said that, "No one can stop an idea whose time has come."
It was pointed out by the women delegation to the office bearers of Meerut Bar Association that even the Supreme Court in Aditi Chaudhary vs Bar Council of Delhi that was pronounced finally on 26 September 2024 and so also Foziya Rahman vs Bar Council of Delhi and Ors in SLP(C) No. 24485/2024 that was delivered finally on 19.12.2024 after hearing the writ petition had most vocally ruled and directed for 33% reservation to women in all elections in the Bar Associations in our country as it is empowered to do so under Article 142 of the Constitution! It is most refreshing, most reassuring and most rejuvenating to learn that the incumbent General Secretary of Meerut Bar - Mr Amit Dixit was most forthcoming in assuring the delegation of women lawyers who met him in this regard that very soon a decision on this count would be taken which left them feeling happy.
It is worth noting that the Apex Court in Aditi Chaudhary case held that, "Having heard learned senior counsel for the parties, most importantly Mr. Mohit Mathur, learned Senior Advocate and President of the Delhi High Court Bar Association and keeping in view the statements at the Bar made, we direct that:
(i) Let the meeting of the General Body of the Delhi High Court Bar Association (in short, the 'Bar Association') be held as early as possible but not later than 10 days from today.
(ii) The General Body of the Bar Association shall consider to reserve the post of the Treasurer exclusively for the women members of the Bar Association.
(iii) In addition to reserving the post of Treasurer for the women members of the Bar Association, the General Body shall also be free to consider the desirability of reserving one more post of Office Bearer for women members of the Bar Association.
(iv) Similarly, out of 10 Executive Members, there shall be at least 03 women members. The General Body may also resolve that out of 03 women members of the Executive Committee, one at least will be a Senior Designated Advocate."
It is worth noting that in Foziya Rahman case, the Supreme Court in para 4 held that, "Consequently, the following interim directions are issued:
(i) There shall be only one post of Treasurer, as it already exists in the Delhi High Court Bar Association. The said post of Treasurer is earmarked exclusively for women candidates, in the ensuing elections.
(ii) One post of the members of the Executive Committee, who are to be elected from amongst the Senior Designated Advocates, shall also be earmarked exclusively for the women Senior Advocates.
(iii) In the next category of those who are to be elected from amongst Advocates having 25 years of practice, one such post of Executive Member too shall be earmarked exclusively for women candidates.
(iv) The election of the High Court Bar Association shall be held on the scheduled date."
Further, it was then held in para 5 of this Foziya Rahman case that, "Adverting to various District Bar Associations in the NCT of Delhi, it is directed that in each and every District Bar Association, the post of Treasurer shall be earmarked only for women candidates of that Bar Association. Since the strength of the members of the Executive Committee/Governing Body of the District Bar Associations vary from Bar to Bar, it is directed that 30% of the posts of Executive Members (including the posts already reserved) shall be earmarked in each District Bar Association for the women candidates having at least 10 years practice to their credit. The directions issued with respect to the composition of Executive Committees of District Bar Associations is also on experimental basis and may vary in future after consideration of the suggestions received from the Members of the Bar. The elections of the District Bar Associations in the NCT of Delhi shall also be held as per the scheduled dates."
It would be instructive to note that the Supreme Court in Supreme Court Bar Association vs BD Kaushik cited in 2024 SCC OnLine SC 756 that was decided finally on May 2, 2024 in para 6 held that, "We are, however, of the view that notwithstanding any resolution passed by the Special General Body of SCBA, some of the posts in the Executive Committee must be reserved for women members of the Bar. We, accordingly, direct that hitherto including for the ensuing election there shall be reservation for women members of the Bar to the following effect:
(i) Minimum of 1/3rd seats in the Executive Committee i.e., 3 out of 9.
(ii) Minimum 1/3rd out of the Senior Executive Members i.e., 2 out of 6.
(iii) At least one post of the Office Bearer shall be reserved for women candidate exclusively by turn and on rotation basis.
(iv) In the ensuing election for 2024-2025, the post of Treasurer of the Executive Committee is reserved for women."
It was also conceded by the top court that things cannot remain static for decades and timely reforms to meet with the challenges that may confront the institution from time to time, are required to be carried out. While adding a caveat, the Bench then also hastened to add that, "However, such reforms need to be brought after due consideration of the suggestions from the members of the Bar. In fact some suggestions have been invited from the members of the Bar, including the office bearers of the Supreme Court Executive Committee vide our order dated 14.08.2023."
No doubt, the time is ripe now to usher in the change in this regard by most promptly ensuring that women must now get at least 33% reservation in bar bodies in all our courts as much water has already flown under the bridge. It definitely brooks no more delay any longer now! The earlier this is done, the better it shall be! No denying or disputing it!
