A seat at the table: The fight for gender equality in the legal profession

The legal profession has long been dominated by men, and individuals from other genders are often marginalised in key decision-making roles. Women lawyers, in particular, have been sidelined from leadership positions within bar associations, roles that are crucial in shaping the future of the profession.

This systemic absence has perpetuated gender inequality and stifled the diversity of perspectives necessary for meaningful progress. In 2024, a group of women lawyers, including the authors of this article, decided to challenge this disparity. Our journey, beginning with a formal representation to the Delhi High Court Bar Association (DHCBA) in April, culminated in a historic Supreme Court ruling that promises to reshape leadership in the legal profession.

The road to justice: Our legal journey

Our demand for gender-based reservation in leadership roles was based on fairness and equity. The Supreme Court’s earlier ruling for the Supreme Court Bar Association (SCBA) to implement a rotational system of reservation for women in executive positions provided a compelling precedent. Given the success of this ruling, it was only logical to ask for similar reforms within the DHCBA. However, despite the merit of our request, resistance was inevitable. Some allies within the profession hesitated to openly support this necessary change, revealing a pervasive fear of challenging entrenched norms.

Former Supreme Court judge Justice Indira Banerjee, a respected voice in India’s judiciary, aptly stated that there can be no true justice without the participation of women in decision-making bodies. This principle guided us as we pursued our cause, despite the many hurdles. We knew that our fight was not just for us, but for future generations of women in law. It was about securing justice, equality and a future where women have an equal voice in shaping the profession.

Overcoming mockery and resistance

One of the most emotionally charged moments during our legal battle occurred during the proceedings before the High Court of Delhi. When we proposed a rotational system of reservation for the position of President - a position historically held by men - the suggestion was met with laughter. The dismissive reaction was a stark reminder of the deeply ingrained patriarchal biases that still exist in the legal profession. The idea of a woman holding the highest position of President in the association, despite its merit, seemed almost laughable to some.

Yet, in that moment of mockery, we found strength. We realised that this fight was not just about the position of President - it was about claiming the space we had long been denied. It was about challenging the biases that continue to restrict the full potential of women in the profession.

The reluctance of some allies: A silent struggle

Perhaps more disheartening than overt resistance was the silence of some allies. These were individuals - many of whom had themselves experienced the challenges of navigating a patriarchal system - who chose silence over solidarity. This was particularly difficult to bear, as we had hoped that those who understood the struggle would stand alongside us. Perhaps this was out of fear of challenging the status quo or a sense of self-preservation.

We have come to understand that their silence was not just an individual choice. It reflected the broader societal pressures that women face, often reinforced by their peers. Since we recognised that our fight was bigger than individual hesitations, we could not afford to stop. It was about creating a system where no one would have to stay silent, and every voice could contribute to shaping a more equitable profession. The success of our efforts stands as testament to the power of collective action and unwavering determination.

Embracing intersectionality and the way forward

When the Supreme Court ruled in our favour on December 19, 2024, it was a moment of profound relief and joy. The Court ruled that three key executive positions in the DHCBA, including the post of Treasurer, would be reserved for women in the upcoming elections. Additionally, the Court ordered that 30% of the leadership positions in district bar associations across Delhi should also be reserved for women lawyers.

This order addressed a deeper, often unspoken bias: the belief that women, even though professionally qualified and practicing lawyers, could not be trusted with the ‘purse’ of the Association. It seemed unthinkable to many that women could competently handle positions of financial responsibility. In a historic move, the Supreme Court used its special powers under the Constitution to overturn this entrenched skepticism, reposing trust in women’s leadership and conferring upon them the exclusive right to contest these key posts. This landmark decision has effectively placed women on a level playing field with their male counterparts.

Yet, while this judgment is a significant step forward, we must recognise that gender is only one aspect of a person’s identity. Women are not a monolithic group. Our experiences are shaped by caste, class, religion and other intersections of identity. The fight for representation must go beyond gender to address these multiple layers of marginalisation. The judgment is a call to embrace diversity at every level of decision-making, ensuring that leadership reflects the complexities of the society it serves.

The Supreme Court’s decision is a transformative step, but it is only the beginning. It challenges bar associations across the country to adopt similar measures and ensure that decision-making bodies are inclusive and representative. The time has come for women to not just participate in the process, but to lead it.

This victory reminds us that progress requires persistence, courage and the collective effort of those willing to challenge the status quo. It is a call to demand a seat at the table, not just for women but for all marginalised voices, ensuring that the legal profession truly serves the diverse identities and experiences of the people it represents.

The authors are lawyers practicing in Delhi and were instrumental in securing reservation for women in bar associations across the capital.