In a landmark move promoting gender equality in the legal profession, the Supreme Court on Friday directed that 30 percent reservation be implemented for women lawyers in the executive committees of the Gujarat High Court Bar Association and District Bar Associations across the state. Additionally, the post of Treasurer in these bodies will also be reserved for women.
The decision came from a Bench comprising Justice Surya Kant and Justice NK Singh, in response to a petition filed by Gujarat High Court lawyer Meena A. Jagtap in the case Meena A. Jagtap v. Bar Council of India. The plea sought a broader 33% reservation for women in both Bar Associations and the Bar Council of Gujarat, citing the underrepresentation of women in leadership roles within the legal community.
While the Court affirmed immediate action concerning Bar Associations, it reserved its decision on implementing similar measures within the Bar Council of Gujarat, stating that the matter would be examined further, particularly in the context of all State Bar Councils and the Bar Council of India.
The petitioner argued that the lack of reservation violates Articles 14, 15, and 16 of the Constitution, as well as India’s obligations under international frameworks like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The petition highlighted that despite the growing number of women entering the legal profession in Gujarat, their leadership representation remains disproportionately low.
“Gender-specific challenges in the legal field can be better addressed by women in decision-making roles,” the petition stated, underlining the need for institutional reforms. It further referenced India’s historical and cultural traditions, noting the revered status of women in ancient Indian society and religious texts.
The Court emphasized that there was no valid reason to deviate from precedent, having issued similar directives in the past for Bar Associations in Delhi, Karnataka, and the Supreme Court Bar Association.
Appearing on behalf of the petitioner were advocates Anil Kumar Mishra, Ankit Dhawan, Aditya Jain, and Supantha Sinha.
This decision is seen as a progressive step towards ensuring equitable representation for women in the legal profession in Gujarat and potentially across other states in future deliberations.
