Resilience in Robes: Women’s Triumphs in Legal Practice

On International Women’s Day, a look at the powerful trailblazers who have forged a path for women in the legal profession.

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Looking around this Women’s Day, I attempted to pen down the celebrated symbols that women hold. The list goes long: We call this country ‘Mother India.’  Not just our country but the entire planet is referred to as ‘Mother Earth.’ Justice is a ‘lady’ with her scales and her eyes blindfolded. I sit with this for a while.

What is being achieved here but a farcical notion of respect when women in this country are treated secondary to men? In other countries of the world as well, despite their development, women ‘wail’ about discrimination.

Lady Justice stands tall and confident because she cannot see the level of representation women have in the legal profession through her blindfolds.

Let us celebrate on this Women’s Day the champions of equality— trailblazer female lawyers and their work.

Lady Justice stands tall and confident because she cannot see the level of representation women have in the legal profession through her blindfolds.

Time and again, the issue of low representation of women in this field is brought up in discourse. Men dominate at both the Bar and the Bench, being more in number and occupying the higher positions.

Bias against women persists in every field and is seen rather greatly in the legal field. The profession is still seen and referred to by many as an ‘old boys’ club’.

Despite the odds that are set against women judges and lawyers, many have made a name for themselves. Justice Anna Chandy was the first female judge in 1936 and Cornelia Sorabji, being the first woman lawyer in the country, made history and paved a path for others to come.

The first female chief justice of a high court, Justice Leila Seth had a big group of people gather in her courtroom which led her to ask her clerk if some controversial case was listed in her courtroom.

The clerk gave a simple answer to this. It was a group of farmers invited to visit Delhi by the Prime Minister who had come to see a woman judge right after they got done with their trip to the zoo. This was in 1978. How different is the situation today?

To begin with, the Bench has been a witness to exemplary judges including Justice Indu Malhotra who was the first woman to be directly elevated to the Supreme Court Bench from the Bar. Justice Indira Banerjee served as the chief justice of the Madras High Court before becoming the eighth out of the eleven female Supreme Court judges in history.

Their selfless and tireless commitment to the cause of the elevation of women’s status in society is remarkable.

From the Delhi High Court, Justice Geeta Mittal is a powerful name who also served as the Chief Justice of Jammu and Kashmir High Court in her time. She worked for the rights of victims of sexual harassment and also led an initiative to establish special courtrooms for vulnerable victims.

Justice Mukta Gupta, the former public prosecutor of the Delhi government, was also a judge of the Delhi High Court who delivered powerful decisions.

The first name that comes up when trailblazing female lawyers are mentioned today is undoubtedly Indira Jaising. She made history in 1986 and engraved her name forever as the first woman to be designated as a senior advocate by the Bombay High Court.

Men dominate at both the Bar and the Bench, being more in number and occupying the higher positions.

Then, in 2009, she achieved another milestone by becoming the first female Additional Solicitor General of India. Throughout her legal career, she has remained committed to championing human rights and the rights of women.

She was an active contributor to a law on domestic violence and the enactment of the Protection of Women from Domestic Violence Act, 2006.

Yet, even a person of Jaising’s stature was not immune to microaggression in court. The cherished quality of aggression in court that male advocates pride themselves on for better performance is the same quality she was asked to tone down by male colleagues.

Mithan Jamshed Lam created history as the first female lawyer and barrister in the Bombay High Court. She presided over the All-India Women’s Conference in addition to being a member of it. Her social activities brought her the esteemed Padma Bhushan award.

Nitya Ramakrishnan is a widely known and respected lawyer advocating for human rights. She possesses numerous successful terror trial defences, most notably in the Haren Pandya murder case and the Indian Parliament attack case.

Renowned for her media-related lawsuits, Ramakrishnan was also successful in challenging the censorship that was placed on numerous political documentaries, including Punjab: From Behind the Barricades and Bhopal: Beyond Genocide.

The honour of becoming the first female attorney to appear before a high court belongs to Violet Alva. She worked as a journalist in addition to being a lawyer. In addition to serving as the deputy chairperson of Rajya Sabha, Alva was involved in several social groups, such as the International Federation of Women Lawyers and the Young Women’s Christian Association.

Meenakshi Arora is another honoured name on the list of successful women advocates. She is one of the few women to receive the title of a senior advocate. She has achieved a great deal in the field of women’s rights. Her participation in the 1997 Vishakha case, in which the Supreme Court created rules protecting women from sexual harassment at work, eventually resulted in the passing of laws in 2013.

Her work on the Sakshi case in 2004 helped establish the now-legal guidelines for the investigation of child sexual assault victims. She has also issued several precedent-setting rulings in the fields of constitutional and human rights, including the right to privacy and electoral reforms.

A group of farmers invited to visit Delhi by the Prime Minister had come to see a woman judge right after they got done with their trip to the zoo.

Sheila Didi earned a name for herself in the legal field as one of the first female attorneys in Chandigarh. Her perseverance and commitment cleared the path for a new wave of female attorneys.

Vrinda Grover’s name is notable in the legal profession. She has played vital parts in important human rights litigation. In addition to defending sexual minorities, labour unions and political activists, her legal work has included defending women and children who have experienced domestic and sexual abuse, as well as persons impacted by extrajudicial killings, communal massacres and abuses suffered while in custody.

Menaka Guruswamy is a senior advocate at the Supreme Court and a seasoned academician. Her fierce personality shines brightly and she is well-known for having been involved in a number of important Supreme Court cases, including the Salwa Judum case, the Agusta Westland bribery case, the Section 377 case, the bureaucratic reforms case, and the right to education case.

She has worked with several international organisations in the field of human rights.

Karuna Nundy works with governments to design laws and constitutions. In 2022–23, she was listed as one of Time Magazine’s 100 most influential people. Her pro bono activities include litigation pertaining to toxic waste dumps and the 1984 Bhopal gas catastrophe. Nundy’s commitment to a variety of issues is evident in her recent appearances in the same-sex marriage case and her plea to make spousal rape a crime.

Shobha Gupta is an advocate-on-record who was the driving force behind justice being delivered to Bilkis Bano. She is a dynamic lawyer and a true champion of women’s rights who has taken up several women’s and human rights-related issues, and most recently received praise and recognition for resolutely supporting Bilkis Bano during the most recent developments in her case.

Maninder Acharya is a distinguished senior advocate who also served as the Additional Solicitor General of India, Delhi High Court and was the first woman to be appointed as such. In addition to serving as President of Women in Law and Litigation.

In the criminal law arena, Rebecca John is a significant name. She is well-known for her skill in defending clients in well-publicised criminal cases. She has defended clients in a variety of situations, including ones with allegations of grave crimes of terrorism, murder and white-collar crime. John has a reputation for conducting thorough cross-examination and developing strong defence plans.

So far as the corporate world is concerned, many notable names come to mind. Ritu Bhalla is a top corporate mind and every conversation with her is of deep intellectual stimulation.

She displays a deep love for all languages with a particular inclination towards Urdu literature. Her beautiful sarees are a sight to behold.

The cherished quality of aggression in court that male advocates pride themselves on for better performance is the same quality women advocates are asked to tone down by male colleagues.

Zia Mody is hailed as one of the top corporate lawyers in the country who has worked with major companies domestically and abroad. Payal Chawla has made history with her unique work of founding the first all-women law firm also specialising in corporate law and arbitration.

The conversation would undoubtedly be incomplete here without mentioning the family lawyers. One name, Kirti Singh, is known for her depth of knowledge of the field, works tirelessly for women, and has worked on reports on laws relating to child marriage and acid attacks.

Geeta Luthra and Pinky Anand are notable names in the field known for their experience and knowledge. The celebrated Malavika Rajkotia is known for her unique and stylish arguments and wide and diverse vocabulary.

In the arena of mediation, there are remarkable names who are trying to bring change. Sadhana Ramachandran and Veena Ralli are exemplary figures who are recognised for their great work and handling of the realm of affairs at Samadhan— Delhi High Court Mediation Centre.

Noteworthy practising woman lawyer, additional standing counsel, Nandita Rao, is a dead honest advocate who believes in creating and elevating more women leaders in the field. She is a staunch advocate for gender equality in the legal profession.

In the Delhi High Court, a women’s lawyers forum has emerged recently. The cause behind this community of female lawyers is the shocking suicide committed by two young female lawyers during the lockdown of the Covid pandemic.

Justice Pratibha M. Singh of the Delhi High Court has rightly pointed out that more than 50 percent of students of law in colleges are female. However, not many get enrolled as advocates.

It is a support group and a virtual canteen built on the bedrock of empathy and inclusion. A lot of activities such as coffee chats, health camps, marathons, annual tea soirees and other community-building exercises are organised from time to time by the forum.

Justice Pratibha M. Singh of the Delhi High Court has rightly pointed out that more than 50 percent of students of law in colleges are female. However, not many get enrolled as advocates.

There is a “huge disparity” acknowledged by her as only 15 percent of practising lawyers are women.

With the exception of large cities, women lawyers, according to Justice Singh, find it difficult to practise in courts because there are “insufficient facilities” for them there and because they are “still viewed with negativity” by the public.

A recent move of the Supreme Court, deemed groundbreaking by many, has conferred the honoured title of ‘senior advocate’ upon a few exemplary women lawyers. This is a remarkable leap forward in breaking gender-related barriers within the legal profession and a move to recognise gender diversity.

Going against the grain, women have fought hard to be considered worth their salt in the legal profession. Some have been recognised but more have been outshone by their male counterparts.

How a person is perceived by the world and the feats they achieve are a result of their privilege and immediate environment. Affirmative action works when intersectionality is considered. In a cut-throat field where a person’s credibility depends on how much better they are at the job than others, women are often left behind. The tag of being a Muslim woman is a bigger handicap than just being a ‘woman’.

Muslim women are more underrepresented in the legal profession than other women.

Muslim women are a vulnerable group in India. The rights guaranteed by the Constitution are being snatched from them for selfish gains. Muslim women are more underrepresented in the legal profession than other women.

Not many names can be listed when the question comes. Justice Fathima Beevi managed to become not only the first Muslim woman judge but also the foremost woman to be a judge of the Supreme Court. Her name is taken with utmost respect.

Rana Parween Siddiqui, the former chairperson of the Bar Council of Delhi (the first and only woman to achieve the feat), has made several contributions towards the cause of women’s empowerment.

Zubeda Begum was appointed as the standing counsel for the government of Delhi and is also known for her polite outreach towards settling matters concerning mediation. Tasneem Ahmadi is an advocate of fine skill who has argued in notable cases. Iram Majid has honed her craft in the field of mediation.

There is hope that powerful speakers such as Warisha Farasat will turn the tide with their moving words and laudable skills and knowledge. In a world where battles on the ground have become old-fashioned, there is Shahrukh Alam, who bleeds through her pen like a martyr on the field of rightness. There is hope that many will follow to represent a community that needs it most.

Women are walking contradictions. Some people claim this with utmost conviction. This is, of course, an attempt to demean the actions they take and the words they say.

Men build civilizations and women develop culture. With time, civilisations perish but no power in the world can shake cultures.

I put it this way: Women are a walking contradiction, no doubt, like the morning rain’s gentleness and the afternoon sun’s fierceness. They can be soft when they know their softness can heal wounds and inflict the same wound on someone who forgets their power. They give birth to life with excruciating pain all the while holding the power to go through it again and more.

On the other hand, they also have the propensity to get hurt if you forget their birthdays. A woman may deliver powerful decisions in the courtroom in the morning and by evening may give a warm meal to her family, deriving equal satisfaction from both.

I add lines I read somewhere that stay with me: “Men build civilisations and women develop culture. With time, civilisations perish but no power in the world can shake cultures.”

In building a civilization today, women stand on the same footing as men. This is the unshakable power of women and this is what must be remembered when it is called to question.

“Where there is a woman, there is magic.”

Miriam Fozia Rahman is a social justice lawyer practicing at the Supreme Court and the Delhi High Court.