Delhi High Court Issues Notice In Plea Seeking Woman Reservation In Delhi Bar Council Elections

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Synopsis

The plea noted a 64-year absence of women in leadership roles in the Delhi Bar Council, Delhi High Court Bar Association, and District Bar Associations. Only two women have served on the Delhi Bar Council without holding major positions, reflecting persistent gender inequality in these institutions.

The Delhi High Court, on Thursday, issued a notice in response to a petition seeking a reservation of 33% of seats for women lawyers in the elections of the Bar Council of Delhi (BCD), the Delhi High Court Bar Association (DHCBA), and various District Bar Associations across the national capital.

The bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela listed the matter for August 12, 2024. 

The petition, filed by Advocate Shobha Gupta, highlighted the current under-representation of women in significant positions within these bodies. Advocate Gupta emphasized that this lack of representation could also undermine the overall effectiveness of the justice system.

Senior Advocate Pinky Anand, representing Gupta, noted that in May, the Supreme Court had mandated a reservation of one-third of seats for women lawyers in the Executive Committee of the Supreme Court Bar Association (SCBA). Anand asserted that issues pertinent to women lawyers could be more comprehensively addressed by women representatives themselves. She further argued that the sole position designated for women was that of a lady member executive, which did not involve participation in crucial decision-making processes.

Advocate Tanoodbhav Singhdev, representing the Bar Council of Delhi, contended that despite the increasing number of women lawyers, their representation in prestigious positions within the Council or bar associations remained ineffective due to various professional challenges. It proposed that reserving 33% of seats in these lawyers' bodies would ensure equitable representation for women, offering them the opportunity to address their concerns and advance within the profession.

The plea highlighted a historical absence of women’s representation in the Bar Council of Delhi, Delhi High Court Bar Association, and District Bar Associations over the past 64 years. It pointed out that only two female lawyers had ever been part of the Delhi Bar Council, with neither holding prominent roles such as Chairperson, Vice Chairperson, or Secretary. A similar lack of representation was noted in the Delhi High Court and District Bar Associations, underscoring the persistent dominance and inequality faced by women lawyers within these institutions.

Case Title: Shobha Gupta v Bar Council of Delhi & Ors