Justice Subramonium Prasad of Delhi High Court on Wednesday recused from hearing a plea seeking directions to the Supreme Court Bar Association (SCBA) to convene a general body meeting and discuss amending its rules to reserve at least two posts in the SCBA Executive Committee for women lawyers.
When the case came up for hearing before the Court, Justice Prasad said that he used to be a member of the SCBA when he was a lawyer and therefore, recused from hearing the matter.
The matter will be heard by another bench on February 26.
The plea filed by advocate Yogamaya MG said that she had written a letter to Chief Justice of India (CJI) DY Chandrachud and the President of SCBA asking them to call for a SCBA general body meeting.
The representation asked the SCBA to nominate two members in the current Executive Committee and consider amending the SCBA Rules and regulations to ensure at least two positions for female executive Members.
However, no acknowledgement or response was received. Therefore, advocate Yogamaya has now urged the High Court to direct the SCBA to convene a meeting.
“Given the lack of a reply, seeking the intervention of this Hon'ble Court becomes imperative to address the issue and advocate for the required modifications. The Petitioner seeks the Hon'ble Court's kind intervention for a directing the Respondent to convene a General body Meeting to transact the agenda as requisitioned vide the Representation/Letter dated 14 th August 2023 signed by 270 members addressed to the President of the SCBA,” the plea said.
The petition, filed through advocates Bineesh Karat, Nandana Menon and Anjitha Santosh, submitted that even though eleven women members had participated in the election for post of Executive Committee member this year, not even one could be elected.
“Amending the Supreme Court Bar Association Rules are crucial to ensure women representation for fostering inclusivity and diversity within the association. This modification would create a more equitable and representative environment, allowing the perspectives and contributions of women to be better acknowledged and incorporated. It aligns with the constitutional principle of gender equality and promotes a fair and inclusive legal community, thereby enhancing the overall effectiveness and legitimacy of the Supreme Court Bar Association," the petition added.
The plea contended that the absence of adequate representation of women lawyers may perpetuate an environment where issues related to sexual harassment are not adequately addressed.
Women lawyers, when adequately represented, can contribute to the formulation and implementation of policies and mechanisms designed to prevent and redress instances of sexual harassment within the legal community. Their insights and perspectives are essential for developing comprehensive strategies that resonate with the diverse experiences of all members, the petitioner asserted.
"Moreover, the presence of women in decision-making bodies, such as the Supreme Court Bar Association, is fundamental to creating a workplace culture that actively promotes and prioritizes the prevention of sexual harassment. Adequate representation ensures that concerns specific to women in the legal profession are given due attention, fostering an atmosphere where all members feel secure and supported in their professional pursuits," it was submitted.
Advocate Sriram Parakkat appeared for the petitioner.
TAGS: Justice Subramonium Prasad recusal Delhi High Court plea SCBA women lawyers
