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SC questions woman lawyer seeking bar reservation
A bench of justices Surya Kant and Ujjal Bhuyan questioned why the petitioner, advocate Meena A Jagtap, chose to “ride on the shoulder” of a male lawyer rather than arguing the case herself.
The Supreme Court on Monday raised eyebrows over a woman lawyer engaging a male advocate to argue her petition for a 33% reservation for women in Gujarat bar associations.
A bench of justices Surya Kant and Ujjal Bhuyan questioned why the petitioner, advocate Meena A Jagtap, chose to “ride on the shoulder” of a male lawyer rather than arguing the case herself, given the nature of her plea advocating for representation of women in bar bodies.
“She wants 33% reservation in a bar body, but she chooses a male lawyer to argue for her. If she can ask for a right of representation in a bar body, we are sure she can represent herself and argue her case,” the bench remarked. The male lawyer appearing for Jagtap assured the court that she would personally argue the matter at the next hearing, scheduled for December 19.
Highlighting the importance of leading by example in advocating for gender parity, the bench added: “Why should a lady advocate seeking reservation ride on the shoulder of a male advocate? Why cannot she argue this herself? We would want to know her views directly from her.”
While the bench acknowledged the male lawyer’s capabilities, it suggested that the petitioner’s presence in court would symbolize her commitment to the cause. “We wonder why this case needs to be argued by a male lawyer. Tell her to appear and argue herself,” Justice Kant stated.
Jagtap’s petition seeks to introduce a 33% quota for women lawyers in the elected posts of the Ahmedabad Bar Association. The plea comes against the backdrop of similar petitions relating to women’s reservation in other bar associations, including the Delhi High Court Bar Association.
The issue of women’s representation in bar bodies gained momentum earlier this year when the Supreme Court directed the implementation of 33% reservation for women in executive member posts and office bearer positions in the Supreme Court Bar Association (SCBA). The directive was applied in the SCBA’s 2024 elections, setting a precedent for other bar associations across the country.
Justice Kant’s bench is also seized of a clutch of petitions filed by three women lawyers, seeking reservation for women in the executive committee of the Delhi High Court Bar Association (DHCBA). While the general body of DHCBA rejected the resolution for women reservation in its executive committee, the bench had last week implored the bar leaders to review the decision and to come up with some “pragmatic” and “salutary”solutions on the issue.
