Supreme Court judge Justice BV Nagarathna has called for greater solidarity among women lawyers, emphasising the need for sisterhood within the legal profession to address structural inequalities.
Addressing the gathering at the launch of Senior Advocate Indira Jaising’s book “The Constitution is my Home,” Justice Nagarathna said the legal profession has historically been shaped by male dominance, supported by informal professional networks, mentorship systems, and institutional familiarity that enabled easier entry and advancement for men. She observed that women entering the profession often do so without comparable support structures, making sustained professional growth more difficult despite increasing representation.
According to her, solidarity among women lawyers should not be viewed as a symbolic idea but as a deliberate professional practice aimed at ensuring that individual success translates into broader collective advancement. She also urged senior members of the bar to actively mentor young advocates across gender lines to strengthen institutional inclusion and professional access.
The judge further noted that the burden on women lawyers has evolved across generations. While earlier generations had to establish their legitimacy to enter the profession itself, later cohorts had to secure recognition within courts, gain acceptance as senior advocates, and gradually establish competence in constitutional and commercial litigation. She said each generation has reduced these barriers, although structural challenges continue to persist.
Justice Nagarathna also spoke about Senior Advocate Indira Jaising’s contributions to Indian jurisprudence, stating that her legal practice and advocacy have influenced both legal doctrine and public discourse. She noted that issues such as workplace equality, sexual harassment, domestic violence, inheritance rights, and power imbalances have become central to constitutional and statutory interpretation due in part to sustained litigation and advocacy in these areas.
The event also featured a conversation with journalist Sreenivasan Jain, during which Jaising discussed themes relating to constitutionalism, gender justice, and the evolving role of institutions. She described the Constitution as a personal and moral framework that defines belonging and identity, and expressed concern over what she characterised as gradual erosion of constitutional values without formal amendment.
Jaising compared different phases of constitutional history, stating that while the Emergency involved formal invocation of constitutional provisions, contemporary challenges operate through subtler institutional and administrative shifts that are harder to identify and address within existing legal frameworks.
On judicial intervention, she expressed optimism that constitutional courts would eventually take stronger corrective positions, noting that institutional power dynamics often shape judicial responses over time.
Referring to her participation in the Sabarimala litigation, Jaising declined to elaborate in detail due to the matter being sub judice but reiterated her broader position on gender equality in religious and constitutional contexts. She also said that while landmark judgments such as Vishakha have strengthened protections against sexual harassment, judicial reasoning sometimes reflects inconsistencies when addressing lived experiences of women, particularly in cases involving violence and protection.
She further remarked on what she described as a pattern in criminal justice responses to violence against women, where cases receive greater institutional attention after fatal outcomes compared to situations involving ongoing threats or survival-stage harm.
Jaising also discussed institutional accountability within the judiciary, referencing recent observations made by a Supreme Court bench expressing concerns over consistency in earlier judgments in bail matters. She said such internal judicial reflection was significant for maintaining doctrinal coherence.
Concluding her remarks, Jaising stressed the importance of a strong and independent bar as a counterbalance within the justice system, arguing that professional accountability and critical engagement from the legal community are essential for maintaining institutional integrity.
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