Noting that most of the trial courts across India had no ‘Ladies Bar Rooms’ with clean washrooms and changing spaces, the Supreme Court on the Supreme Court on Friday issued notices to the Centre, states and union territories to address the issue.
Acting on a PIL filed by a group of women lawyers from across the country, a Bench of Chief Justice of India Surya Kant and Justice V Mohana asked Attorney General, Advocates General of states and Standing Counsel of union territories to appear before it on July 17 to assist it in the matter.
“The provision of such essential facilities prima facie bears a direct nexus with the fundamental guarantee of life and dignity under Article 21 of the Constitution… The issues raised in these proceedings touch upon larger questions concerning the accessibility, inclusiveness, and long-term sustainability of women lawyers in the legal profession,” the top court noted.
“When women advocates are required to spend substantial portions of their day within court premises, the availability of basic infrastructure necessary for their comfort, privacy, safety, and professional functioning assumes utmost significance. The issue, therefore, transcends the realm of administrative convenience and touches upon values that lie at the heart of the constitutional guarantee of dignity and equal participation in public life,” it said.
“The concern raised by the Petitioners cannot be brushed aside as a matter of mere convenience. The legal profession has witnessed a steady and encouraging increase in the participation of women over the last few decades. However, the mere opening of doors alone cannot be a sufficient cause for celebration.
“In order for their participation to be made meaningful, it must be accompanied by the creation of conditions that enable women advocates to discharge their professional responsibilities effectively, safely, and on equal terms. The availability of adequately equipped spaces for women professionals within Court Complexes is one such indispensable condition,” the top court said.
“In fact, the absence of a designated area where such basic facilities are made available to women disproportionately impacts them and may, in certain cases, discourage them from continuing practice,” the Bench noted.
The petitioner cited a survey undertaken by them which revealed that in the majority of the Court Complexes, either no dedicated Ladies’ Bar Room existed or the facilities provided therein were wholly inadequate, lacking essentials such as sufficient seating arrangements, clean washrooms, changing spaces, nursing facilities, and other amenities necessary for the effective discharge of professional responsibilities by women members of the Bar.
