Image Credit: Swati Deshpande/ TNN

MUMBAI: Today, while the number of women graduating from leading law schools and universities who are working at junior levels is nearly equal to their male counterparts, this does not translate to equal representation in the workplace or later in higher positions, said Supreme Court of India Judge, Justice B V Nagarathna. She advocated that at least 30 percent of law officers in states and the Centre must be women.

Image Credit: Swati Deshpande/TNN

“Elevation of women advocates who are competent to the High Courts is a solution to have greater diversity on the Bench. If male advocates can be appointed even though they are less than 45 years to the High Courts, then why not competent women advocates,” Justice Nagarathna suggested as a solution to bring in “gender diversity,” which she said “is particularly crucial in the professions serving society, where the presence of women plays a critical role in upholding the ideal of equality and fairness, especially amongst disadvantaged groups.”
“Promoting gender diversity in the judiciary and thereby diversifying the life experiences of those who adjudicate cases, we will be moving several steps closer towards ensuring that a multitude of perspectives have been considered, weighed, and balanced in arriving at decisions,” said the top court judge at an event in Mumbai.
Women’s upward mobility is “hampered by systemic discrimination,” she said, speaking at the iconic convocation hall of the Mumbai University in Fort, Mumbai. The topic was to celebrate women who shattered the glass ceiling in the legal field and commemorate the legacy of the foremost of them all, Cornelia Sorabji.
The SC judge said the University of Mumbai has played a critical role in empowering women to break the glass ceiling, evident in the trajectories of its most notable women alumni. Cornelia Sorabji was the first woman graduate from Bombay University (as it was known then). She went on to complete her Bachelor of Civil Law at the University of Oxford, becoming the first woman to ever do so.
Justice Nagarathna also said at least 30% of all public sectors’ empanelment of legal advisors must be women. “To successfully break the glass ceiling, we must not let the girls and women of tomorrow be conditioned to anachronistic lenses of gender roles and virtues.
There is no virtue for success that is exclusive to men and lacks in women. We must not let our strengths be pigeonholed primarily as virtues of men. Sternness, strength, and tact are virtues intrinsic to women just as they are to men. Our attempt must be to extract the most virtuous traits from the traditional conceptions of ‘what it means to be a woman’ and ‘what it means to be a man’ to finally coalesce them and transform into a magnanimous human,” the judge said in a detailed speech underscoring the importance of role models young women should have and of diversity in public life.
The solutions Justice Nagarathna suggested:
What must we then do to break this glass ceiling? A century of experience has shown that celebrating individual accomplishments is insufficient to trickle down the true and material benefits of gender justice, a solemn constitutional goal.
• Firstly, education of women is paramount and so is their continuous participation in the workforce. When girls are educated, they are empowered to dream big, to pursue their passions, and to achieve their full potential. We must ensure that every girl, regardless of her background or socioeconomic status, has access to quality education. Beyond education, efforts must be made to ensure that female participation in labour force does not dwindle with age. According to the latest PLF survey, the Labour Force Participation Rate among female of age 15 years and above for urban areas is at nearly 25.2%, substantially lower than that of males at about 75.4%. A natural corollary of women not joining the workforce at all or exiting it because they pick up the unshared burden of household responsibilities is the dwindling ranks of senior women poised to break the glass ceiling.
• Secondly, mentorship plays a crucial role in guiding and supporting women in their careers. Mentors can provide invaluable advice, encouragement, and connections that can help women navigate the challenges of the workplace. We need to create more opportunities for women to mentor and be mentored, fostering a culture of support and collaboration.
• Thirdly, we need to challenge and dismantle the deep-rooted stereotypes and biases that hold women back. This requires a conscious effort to change mindsets, to promote gender equality, and to create a more inclusive and equitable society. We must dispel the predominant notion that inclusivity amounts to ignoring merit. Any attempt at inclusivity does not prioritise inclusivity over meritocracy but only challenges entrenched stereotypes. It is the mere existence of entrenched stereotypes which necessitates the law to encourage inclusivity. For instance, the Companies Act, 2013 mandates increasing representation of women on boards in the corporate sector. The policy led to an increase in the share of women on Boards to nearly 10% by April 2015 from 5% in 2014. This trend has only been on the rise since. Pertinently, this legal requirement has engendered a discovery ecosystem for competent and experienced women directors whose perspective would have been earlier lost solely due to their gender.
• Fourth, we must recognize talent in women and give them sufficient opportunities to demonstrate their talent. Although, the Parliament has enacted a law to give 33% reservation for women in Parliament the same has not given effect to till date. Even as of 2024, women held only 14% of Lok Sabha seats and 15% in Rajya Sabha, and occupied less than 7% of ministerial positions. The benefits of women in positions of power percolate to the commercial sphere as well. An IMF global study by Ratna Sahay and Martin Cihak reported that a higher share of women on commercial bank boards and supervisory positions goes hand-in-hand with lower non-performing loans and greater financial stability.