
Abstract
Women lawyers in India have made significant strides, yet their journey in the legal profession remains fraught with systemic, cultural, and institutional challenges. Despite near parity in law school enrollments, women remain underrepresented in senior legal positions, face persistent bias, and must navigate a profession shaped by patriarchal norms and demanding work cultures. Women lawyers in India encounter a multitude of challenges, both systemic and cultural, which hinder their professional growth and contribution to the legal field. Despite significant strides towards gender equality, the legal profession remains largely male-dominated, with pervasive gender biases and stereotypes. Women lawyers face discrimination in hiring, promotion, and remuneration, where they are often perceived as less competent than their male counterparts. The work environment in many legal firms and courts is not always conducive to their needs, with issues such as sexual harassment, lack of maternity benefits, and inadequate support for work-life balance being prevalent.
Moreover, the legal profession demands long hours and high levels of commitment, which can be particularly challenging for women who are expected to manage familial responsibilities simultaneously. The glass ceiling effect is also evident, as very few women reach senior positions or become partners in law firms. In the judiciary, women are significantly underrepresented, with only a small percentage of women serving as judges, especially in higher courts.
INTRODUCTION
Women lawyers face hurdles right from the start of their careers, dealing with biases in hiring, disparities in pay, and limited access to high-profile cases or leadership positions. The demanding nature of the profession, combined with societal expectations regarding women’s roles in the family, often forces them to make difficult choices between their career aspirations and personal responsibilities. Furthermore, the lack of gender-sensitive policies in many legal institutions exacerbates these difficulties, creating an environment where women have to work harder to prove their competence and commitment.
The legal profession, traditionally dominated by men, presents a unique set of challenges for women lawyers, particularly in a country like India, where societal norms and gender roles are deeply entrenched. Despite the increasing number of women entering the field of law, they continue to encounter significant barriers that hinder their professional growth and equitable participation. These challenges stem from systemic gender discrimination, workplace biases, cultural expectations, and structural inequities that are prevalent within the legal ecosystem.
Women lawyers also grapple with issues such as sexual harassment, lack of mentorship, and limited networking opportunities, all of which contribute to their underrepresentation in senior positions within the legal profession. The intersectionality of gender with other identities, such as caste, class, and religion, further complicates these challenges, particularly for women from marginalized communities.
HISTORY OF WOMEN LAWYERS IN INDIA
The first significant legal challenge came in 1916 when Cornelia Sorabji, a pioneering figure, became the first woman to graduate in law from Oxford University. However, despite her qualifications, she was denied the right to practice as a lawyer in India. It wasn’t until 1923, with the enactment of the Legal Practitioners (Women) Act, that women were officially permitted to practice law in India. This legislation was the result of persistent advocacy and pressure from women’s rights groups and supportive male allies.
The history of women lawyers In India is a narrative of struggle, perseverance, and gradual progress against a backdrop of deep-seated patriarchal norms and legal exclusion. The journey began in the early 20th century when the legal profession was an exclusive male domain, and women were not allowed to practice law.
Post-independence, the entry of women into the legal profession slowly increased, yet they continued to face numerous barriers. The first woman to be appointed as a judge of a High Court in India was Anna Chandy in 1959, who served in the Kerala High Court. It wasn’t until 1989 that Justice Fathima Beevi broke a significant barrier by becoming the first woman to be appointed as a judge of the Supreme Court of India. These milestones, though groundbreaking, were isolated successes in a field still overwhelmingly dominated by men.
Throughout the latter half of the 20th century and into the 21st century, more women began to enter the legal profession, aided by the spread of legal education and a growing awareness of women’s rights. Women lawyers began to establish themselves in various fields of law, including criminal, civil, corporate, and human rights law. However, despite their growing presence, women have continued to be underrepresented in higher judiciary positions and leadership roles within law firms.
Today, women lawyers in India continue to break barriers and challenge the status quo, playing a crucial role in shaping the country’s legal system and advancing gender equality. However, their journey reflects the ongoing need for systemic change to achieve true parity in the legal profession. In recent years, there has been a growing emphasis on gender sensitization within the legal system and the need for policies that support women lawyers, such as better maternity benefits, prevention of sexual harassment, and promotion of work-life balance. Despite these advancements, women still face substantial challenges, including gender bias, a lack of mentorship, and barriers to career progression, particularly in senior roles.
1. Gender Discrimination and Bias
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Pervasive Stereotypes: Women lawyers are frequently perceived as less competent or less committed than their male peers, leading to discrimination in hiring, promotions, and daily interactions.
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Glass Ceiling: Only about 11% of partners in top Indian law firms are women, and women constitute just 14% of High Court judges as of 2024. The glass ceiling effect is compounded by the absence of women in senior judiciary roles, with no woman ever appointed as Attorney General or Solicitor General in India.
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Microaggressions and Courtroom Dynamics: Women face microaggressions such as being interrupted, talked over, or dismissed as emotional in courtrooms. These biases undermine their authority and hinder their professional growth.
2. Underrepresentation and Leadership Gaps
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Leadership Disparity: Women are significantly underrepresented in senior positions within law firms and the judiciary, with only a small fraction achieving partnership or senior counsel status.
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Impact on Aspiring Lawyers: The lack of female role models in leadership discourages young women from pursuing or persisting in legal careers, perpetuating the cycle of underrepresentation.
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Systemic Barriers: Deep-rooted cultural preferences for male leadership and the expectation that women will prioritize family over career limit women’s advancement.
3. Work-Life Balance and Family Responsibilities
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Dual Burden: Women lawyers are expected to excel in demanding legal careers while managing household and caregiving duties, a dual burden that places immense pressure on their time and mental health.
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Lack of Support: Few law firms offer flexible working hours, affordable childcare, or adequate maternity benefits. This lack of institutional support forces many women to choose between career advancement and family responsibilities, leading to higher attrition rates after marriage or motherhood.
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Cultural Expectations: Societal norms often expect women to prioritize family, discouraging them from pursuing senior positions or high-profile cases.
4. Unsafe and Unsupportive Work Environments
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Sexual Harassment: Sexual harassment is a pervasive but underreported issue in the Indian legal profession. Many women face inappropriate behavior from colleagues, seniors, or clients, often without adequate redressal mechanisms.
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Infrastructure Gaps: Many courts lack basic facilities such as women’s restrooms and secure workspaces, making the environment inhospitable for female advocates.
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Lack of Internal Committees: Numerous legal chambers and firms do not have Internal Complaints Committees as mandated by law, leaving victims without formal avenues for grievance redressal.
5. Pay Disparity and Financial Inequality
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Wage Gap: Women lawyers are frequently paid less than their male counterparts for similar work and are sometimes assigned less challenging or lower-profile cases.
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Financial Insecurity: Junior women lawyers, in particular, face low or unpredictable income, making it difficult to achieve financial independence or sustain long-term careers in litigation.
6. Limited Networking and Mentorship
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Mentorship Deficit: Women have fewer opportunities to access professional networks and mentorship, which are crucial for career advancement in law.
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Isolation: The male-dominated nature of the profession can lead to feelings of isolation and limited peer support, further hindering professional growth.
7. Societal and Client Perceptions
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Client Bias: Clients may prefer male advocates, assuming women will be less available due to family obligations or less effective in court.
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Cultural Norms: Persistent cultural expectations often pressure women to limit their ambitions or leave the profession entirely after marriage or childbirth.
8. Mental Health and Well-being
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Heightened Stress: The combination of professional, societal, and familial pressures leads to higher rates of anxiety, depression, and burnout among women lawyers, especially those in litigation.
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Lack of Support: Mental health support within the legal profession is limited, and the stigma around seeking help remains high.
9. Intersectional Barriers
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Additional Disadvantages: Women from marginalized communities—by caste, class, religion, or region—face compounded challenges, including discrimination and fewer opportunities for advancement.
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Geographical Disparity: States like Meghalaya have a higher proportion of women lawyers, while others like Uttar Pradesh have less than 10%, reflecting regional disparities in opportunity and support.
10. Attrition and the Leaky Pipeline
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High Attrition Rates: A significant proportion of women leave the profession during their prime years due to lack of support, work-life imbalance, and hostile work environments.
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Impact on Profession: The loss of talented women lawyers weakens the diversity and effectiveness of the legal profession as a whole.
Summary Table: Key Challenges for Women Lawyers in India
Challenge | Description |
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Gender Discrimination | Bias in hiring, promotion, daily interactions; stereotypes about competence and authority |
Underrepresentation | Few women in leadership, judiciary, and senior legal positions |
Work-Life Imbalance | Long hours, lack of flexible policies, family-career conflicts |
Unsafe Work Environment | Sexual harassment, poor infrastructure, safety concerns |
Pay Disparity | Wage gap, fewer challenging assignments |
Limited Networking/Mentorship | Fewer opportunities for guidance and professional support |
Societal/Client Bias | Preference for male advocates, cultural expectations |
Mental Health Concerns | Higher stress, anxiety, and burnout |
Intersectional Barriers | Additional challenges for women from marginalized backgrounds |
Attrition | High rates of women leaving the profession during prime career years |
Conclusion
Despite progress in gender equality, women lawyers in India continue to face significant hurdles including discrimination, underrepresentation in leadership, work-life imbalance, unsafe work environments, pay disparity, and limited access to mentorship. These challenges are compounded by societal expectations and a lack of institutional support, particularly for women from marginalized backgrounds. Addressing these issues requires systemic reforms, gender-sensitive workplace policies, and a collective commitment to fostering inclusivity and equal opportunity within the legal profession.