Read Time: 06 minutes

Synopsis

The Delhi High Court, on Monday, termed the hoardings and posters that are put up of the candidates participating in the bar elections as a ‘menace’. The bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela remarked, “I think this is a menace, this must stop. We owe it to our next-generation lawyers that this must stop”.

The court made such remarks in a plea seeking a 33% reservation to ensure equal representation and opportunities for women lawyers, highlighting that since the establishment of the Bar Council of Delhi, only two female lawyers have served on the Council, with none holding key positions such as Chairperson, Vice Chairperson, or Secretary, reflecting a persistent gender imbalance within the Bar.

The petitioners argued that the under-representation of women in significant positions within the BCD and other Bar associations could adversely affect women's rights and access to justice, thereby diminishing the overall effectiveness of the justice system. It was asserted that, despite the growing number of women lawyers, they have faced significant barriers in attaining influential positions within the Bar associations. 

During the hearing, Senior Advocate Mohit Mathur, President of Delhi High Court Bar Association, along with representatives of the Bar Council of Delhi and the President of the Coordination Committee of all district bar associations, were present.

The bench expressed concern over the expenditure involved and stated that such funds should not be utilized in bar elections. The court conveyed that senior leaders of the Bar should send a clear message that the practice of putting up posters for bar elections is unacceptable and must be discontinued. The court further opined, “Put fear of disqualification. If they know after putting up resources, they will be unseated, they will follow”. 

The court remarked that the idea of such expenditures as an investment expecting returns was misguided and needed to be stopped. The court observed, “If you senior lawyers take up a proactive stand on this. then this will get surbed”. 

During the session, it was noted that the Shahdara Bar Association supported the PIL for reserving 33% of seats for women lawyers, and other district bar associations were also in favor of the reservation.

Mathur informed the court that for the DHCBA, reserving one-third of the seats for women in the Executive Committee, as directed by the Supreme Court, would require further deliberation due to the large membership of over 35,000.

Consequently, the court directed that a meeting be held between the DHCBA and the Coordination Committee of all district court bar associations within two weeks, with the matter scheduled for a hearing in September.

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