Women, Law, Courts and the myth of Justice for all.

By Adv. Shraddha Sunil

The heading of this blog post could be a direct attack on the very belief I live by every day as a lawyer, a feminist and an advocate. While I navigate the why’s and what’s of this let me take you with me and potentially convince you why the frustration of it all is the by-product of the court system which is designed in a way where old privileged men have the power (in my opinion too much power as humanly possible) to make or break someone’s life. Forgive me as I try to navigate all the thousand things I have and will witness that may or may not break by beliefs that I stand on today.

Working at Dhwani has been emotionally satisfying, I mean why wouldn’t it be? It’s an all-girls club, well, almost! It’s easier to work with like-minded people because you’re not constantly thinking if your co-worker is on the same wavelength as you, socially and politically. Yes, we’re a bunch of Femi-nazis! Well, almost. What could be more fun than talking about Patriarchy at lunch AND at tea?

As a young advocate (by experience of course) I knew the system of courts was never fair or just, what do you mean you’re going to wait till the bench changes to file or move a case in the courts to get potential favourable orders? I know now we have all have just accepted it and found our way around the problem. The problem of not being heard. A very familiar problem I as a woman deals with on a daily basis. Even if I have to catch an auto after court hours with a male co- worker, I am reminded that the driver would just listen to the short cut directions suggested by my male co- worker after ignoring the 2 times I tried to say the same thing. Or when a client calls asking questions, and answers from a woman is just not enough and would calm down after listening to a voice of a man, again who has just repeated what the lady advocate has already told them.

As a young lawyer, one is always hopeful of a favourable outcome, some might even call it being naïve. But I want to be naïve, intentionally, purposely. I refuse to accept a reality where I just have to accept that change in the system is impossible. And what could I possibly even refer to if not the obvious ignorance and misogyny that comes out in the form of orders, judgements and even comments from people in positions of power. I mean where can even the apex court find its axis on women’s rights, they decide how much and if at all women’s rights are human rights. In the span of 2 days while I went about work Supreme court decided that Mandatory Paid period leave might hinder my career prospects since people would potentially hesitate to hire me in the future AND expanded the maternity leave for adoptive mothers to 12 weeks regardless the age of the child because adoptive mothers have the same rights as biological mothers to care for their children. I can’t help but wonder maybe women are valued as human beings only when they bring a baby to the table because only then they deserve to take a break from work.

Well, it’s just been 4 months of practising litigation and I’m sure I’ll have more stories to share as a woman advocate in this country, for I have patriarchy as my very clingy companion. It just refuses to leave.