The First Steps, and the Miles to go…

By Ashwini Obulesh

(The first steps…)

After my brief stint in the corporate law world, when I ventured into the new shores of litigation, it hit me as a fresh waft of thrill, joy, and excitement… Each day did not fail to excite! I woke up enthusiastically every morning, waiting with bated breath for the day’s exploration—dashing to my senior’s office, preparing for cases, rushing to the High Court, running in its corridors to reach different court halls, appearing before court, navigating clerical work through the High Court basement branches, rushing back to the office, meeting clients each with perplexing problems, engaging in profound discussions with Senior, driving back home listening to some soulful music, and collapsing into bed for some contented slumber. I was in love with my life! Each day was spiritually rewarding!

‘Adventure is out there!’ 

What added fuel to my passion was a fortunate coincidence of working with a senior who is an unabashed advocate of social justice. As I fell more in love with the joyrides of litigation, I began to develop a deep admiration, even reverence, for him. Working with him not only exposed me to the myriad ways of tackling a wide gamut of socio-legal problems but also helped me advocate more vociferously for social issues close to my heart. With my belief systems fortified and articulation more dynamic, I passionately forged ahead! 

(The miles to go…)

Today, after 5 years of practice, nothing seems to have changed. I still wake up with renewed vigor each day, with a sense of purpose and self-esteem. However, what I have come to accept over the years is the fact that in the wonderfulness of such a professional (and personal) expedition that is litigation, there are far too many unsettling thoughts that often keep me awake at night… 

Each time I navigate the corridors of the court, I am amidst a staring throng of men; whenever I approach the Bench to move memos, I have to jostle male lawyers racing towards the Judge with such masculine intensity, often completely oblivious to the decency of space; the Bar Association halls for lawyers are not sites where women advocates relax with the same gumption as their male counterparts; the sugarcane juice, chai, and fruit bowl carts in the parking areas are thronged by my male colleagues, discussing cases, drawing out deals, cigarettes in hand, in some fraternal solidarity. Why do my female colleagues not occupy these spaces with equal fervor?

It is not unusual to hear colleagues casually remark, ‘You obtained that interim order because you are a girl.’ ‘Oh, look at how deep her blouse is!’ ‘Senior is being lenient with you because you are a girl.’ ‘Send your women colleagues to smile at judges and successfully seek adjournments.’ ‘We don’t recruit women in our litigation office because they soon leave—either they are getting married or having children,’ or ‘Litigation life is tough. You are too pretty for it!’ – The list is endless! The statistics confirm the connotations of these anecdotes…  

Only 12% of all judges of the High Courts in India are women. 

The average number of women judges across all high courts is just a meager 3.04.

The Karnataka High Court has had only 8 women judges since its very inception.

Only a measly 2.04% of State Bar Council representatives across India are women, the female-male ratio in Karnataka being a shameful 0.27.

It is only now, 75 years after Independence, that we are anticipating having our first woman Chief Justice of India.

Over the years, I seem to have somehow attributed a higher benchmark for lawyers as human beings. Call me naïve, but I have increasingly come to believe that the members of the Bar can, and must, engage more meaningfully with one another and evolve into better justice delivery agents. This is despite the simultaneous realization that we are but human and definitely suffer from the vices the society grapples with everyday. Sexism, patriarchy, nepotism, and indecency are cankerous realities that are gripping the litigation profession. When are we going to be introspective and go on to have conversations about annihilating these vices of the profession? 

Why are women advocates often sniggered at and patronized in court settings? Why are women advocates’ clothing and marital status relevant to peers and judges alike? Why are so many women being kept out of litigation—because of the saris under their neckbands? What steps can we take to make litigation a more inclusive and safe space for all? How can we have more dialogues on respect, dignity, professionalism, and equality?   

Yet, there are so many women out there, battling these obnoxious actualities, while passionately and concurrently donning numerous diverse hats, and functioning, nay, thriving as excellent lawyers. And kudos to them! The least I can do for them is to support my women colleagues as they wade through the patriarchy in the Bar and the Bench. Let us give that reassuring smile, lend that ear, provide that shoulder, echo those voices, commend that perseverance, form that human chain…   

This blog seeks to provide a safe space for women advocates to express their experiences and aspires to create solidarity among them. It hopes to create a fellowship of women advocates and empathizes with them as they strive through casual (and not so casual) sexism, harassment, and discrimination. Come, let us talk; let us occupy space!