This article has been written by Shivani Gupta, Law Student, Sinhgad Law College Pune.
Abstract
There are millions of women who faces the problem during legal practicing. It’s not simple to legal practice in court as women. The legal practice is prejudice and gender bias. All persons are equal in the eyes of the law, equal protection of law and equal development of human opportunity. Increasing the number of women lawyers sharply day by day after opening the eye of society. Due to this reason, its change quantative not qualitative. Women’s involvement in society is essential to its advancement. Despite making up about half of the population in India, women frequently face undervaluation and mistrust in a variety of fields, including the legal profession. Women who want to enter the workforce face several obstacles due to cultural expectations, persistent biases, and traditional gender norms.
The empirical study and descriptive analysis form the basis of the research project. Using the survey approach and an information schedule, primary data was gathered. The study’s main conclusions are that the senior advocates’ lack of appropriate supervision, low wages, difficult client interactions, and case selection restrictions are all factors.
Introduction
Throughout human history women have played a vital role in making history. Women are also entitled to enjoy similar rights and freedoms as other individuals. The place of women in society and the jobs they hold mirror the general progress of the country. As long as women do not actively participate in national activities, a nation’s social, economic, or political advancement will degrade and stagnate. International human rights instruments demand that proactive measures be taken to protect women’s rights and to get rid of prejudice, inequality, and other behaviours that have a detrimental impact on women’s rights. One of the objectives of the United Nations Charter is to “reaffirm faith in the fundamental rights of the human person, in the dignity and self-respect of the human person, and in the equal rights of men and women.” For any lawyer, reaching partnership status in a law firm is a big accomplishment, but women may find it especially difficult to make this transition.
Challenges Faced by Women in legal practice
There are millions of women who finds difficulties in legal practitioners. Women feel the pressure to rap of the works before it gets dark because women feel unsafe. In addition, the court’s infrastructure is not conducive to women’s needs, such as the restrictive availability of washroom and the feeling of inhospitality in the common area. Even women get less client than men representative, women may not appear in the court because of family matter or personal issues. Many Women lawyer sometimes preference to choose the case based on the safety and infrastructure of the court.
Legal firms and senior lawyers have the preference for hiring men it is an upheld battle to be a women lawyer and the country’s top judge agrees to his. During the women lawyers’ event, the top justice of the nation admitted that there are still insufficient numbers of women in the Higher Judiciary and that the country’s courtrooms lack inclusivity. The promotion of women from diverse backgrounds and religions at all levels is necessary to shatter the glass ceiling.
Gender Biased and Stereotype
Unfortunately, gender discrimination is the reality of legal practises at times even more so than other comparable profession. The comparisons and judgments of female attorneys to their male counterparts are nearly inevitable. Women can be seen participating in lesser courts, but as one climbs the ladder, particularly in the case of young women, the number of women decreases and eventually reaches the highest court. Eventually client prefers a male representative in respect of female lawyer because of their family problem as well as personal problem.
Women lawyers may experience prejudice in a variety of contexts, including hiring, compensation, promotions, and delegating. Women may find it challenging to progress in their careers as a result of this discrimination; 74% of women cite career trajectory as the primary reason they left the practice of law entirely. Because they assume women won’t want to take on particular jobs or caseloads. The atmosphere of legal firms is rife with delegation bias, with women assigned to more administrative tasks like contract review rather than taking on significant litigation problems.
Lack of mentor and role model
Every woman lawyer lacks role model and who can help them to navigate the legal profession. In such, many women have eventually no idea about their legal field, they could not find the right way to work. This can make it difficult for them to land interviews, learn about different career paths and opportunity, and find relatable people who can help them develop their skills.
Work-life balance
It can be challenging for women to combine their personal and professional life because legal work is hard and high-pressure. Their quest for partnership roles may be hampered by juggling obligations to their families, caregivers, and careers.
The pressures of large law and traditional law firms can make it hard for female attorneys to strike a healthy balance between their professional and personal lives. Burnout and leaving the legal industry altogether may result from this. Most people believe that women have parental duties when the subject of work-life balance is brought up. But according to a Leopard Solutions survey of women who quit their legal careers in 2021, 85% of them stated that a major reason for their departure was a lack of work-life balance, while 70% said childcare was not a consideration.
The demanding nature of legal careers, characterized by long hour and high stress, presents significant challenges for women, especially those with family responsibilities.
Unequal Pay
The gender pay gap persists across various professions, including law. On average, women lawyers earn less their male counterparts even when controlling for factors such as experience and education. This inequality not only impacts their financial well-being but also conveys a discouraging message about their value and potential within the profession. Addressing pay inequality is essential for fostering a sense of fairness and motivating women to strive to top positions.
Women may have limited access to certain jobs and industries, often facing barriers to entry in higher-paying fields like STEM (Science, Technology, Engineering, and Mathematics).
Numerous investigations and polls have demonstrated that women in the legal profession frequently earn a percentage less than men who perform equivalent job. For example, according to an American Bar Association (ABA) research, female partners at legal firms make between 20 and 30 percent less money than their male counterparts.
Unconscious Bias
Unconscious Biases may sway decision regarding promotions and leadership roles, resulting in male candidates being favoured over qualified female counterparts. Unconscious bias is a natural aspect of human cognition, but its effects can perpetuate inequalities. By increasing awareness, implementing strategies to mitigate bias, and promoting diversity and inclusion, it is possible to reduce the negative impacts of unconscious bias and foster a more equitable society.
Stereotypes and false information can negatively impact our attitudes. This could cause someone to treat others unfairly or with discrimination without even realizing it. This might be a major issue for managers and executives because it is illegal for businesses to discriminate when hiring new employees or contemplating promotions.
Harassment and Discrimination
Sexual harassment and discrimination remain significant issues within the legal profession. Despite increased awareness and the implication of policies to address this behaviour, many women lawyers continue to experience and discrimination. Due to late night shift, they feel unsafe around their male college and in the road. The hostile work environment not only impact their mental health as well as emotional health well-being but also hinder their career progression.
Harassment and discrimination are detrimental to individual and society as a whole. Addressing these issues requires a multifaceted approach involving legal action, organizational change, cultural shifts, individual responsibility. By working together, we can create safer, more equitable environments for everyone.
Mental health problems, lost jobs, and less prospects for promotion are just a few of the serious consequences that sexual harassment can have on victims’ lives. Reporting incidents is often hindered by victims’ fear of reprisals or harm to their professional reputation.
The Impact of Underrepresentation
Gender prejudice affects victim sensitivity and verdicts in courtrooms due to the underrepresentation of women in the judiciary. A review of the past shows that social norms and prejudices continue to affect the chances and experiences that women have in the legal field.
Steps Toward Equality
The legal industry needs to change its working cultures and confront ingrained biases in order to advance gender equality. In order to promote diversity in legal processes and combat sexism, it is imperative that efforts be made to increase the representation of women in important legal roles. The Indian judiciary must preserve diversity in order to advance justice and protect fundamental rights.
Conclusion
In India, the legal profession is quite significant. Advocates are not merely professionals; they are also court officers and are essential to the administration of justice. More women in the legal field will undoubtedly boost women in society. Women who choose to pursue careers in law were extremely rare in the past, but this appears to be changing. More women are interested in pursuing legal studies, and they are outperforming their male counterparts in comparison to the growth of law colleges and universities in India. However, when we include the proportion of women in the legal profession, this image becomes even more negative. The current study itself brought attention to the low number of female district court practitioners. The current study shows that in order to ensure women’s participation in the legal profession, there are specific fields that require urgent attention.
