The Supreme Court on Friday issued notices to the Central government, all states, and union territories regarding the lack of dedicated Ladies' Bar Rooms in most trial courts across India. A Bench comprising Chief Justice of India Surya Kant and Justice V. Mohana directed the Attorney General, Advocates General of states, and Standing Counsel of union territories to appear before it on July 17 to assist in the matter.
The court was acting on a Public Interest Litigation filed by a group of women lawyers from various parts of the country. The Bench observed that the provision of essential facilities like clean washrooms and changing spaces in court complexes is directly linked to the fundamental guarantee of life and dignity under Article 21 of the Constitution.
Constitutional Significance
The Supreme Court noted that the issues raised touch upon larger questions concerning accessibility, inclusiveness, and long-term sustainability of women lawyers in the legal profession. It stated, "When women advocates are required to spend substantial portions of their day within court premises, the availability of basic infrastructure necessary for their comfort, privacy, safety, and professional functioning assumes utmost significance."
The court emphasized that the issue transcends administrative convenience and touches upon values at the heart of the constitutional guarantee of dignity and equal participation in public life. It said the concern raised by the petitioners cannot be brushed aside as a matter of mere convenience.
Increasing Participation of Women
The Bench acknowledged that the legal profession has witnessed a steady increase in women's participation over the last few decades. However, it stressed that merely opening doors is insufficient. "In order for their participation to be made meaningful, it must be accompanied by the creation of conditions that enable women advocates to discharge their professional responsibilities effectively, safely, and on equal terms. The availability of adequately equipped spaces for women professionals within Court Complexes is one such indispensable condition," the court said.
Impact on Women Lawyers
The absence of designated areas with basic facilities disproportionately impacts women and may discourage them from continuing practice, the Bench noted. The petitioners cited a survey that revealed in most court complexes, either no dedicated Ladies' Bar Room existed or the facilities provided were wholly inadequate, lacking sufficient seating, clean washrooms, changing spaces, nursing facilities, and other necessary amenities.
The court listed the matter for further hearing on July 17, seeking assistance from the Attorney General and other legal representatives to address the issue comprehensively.
