In a capable offer amid a goodbye occasion for Incomparable Court judge Equity Hima Kohli, Senior Advocate and Preeminent Court Bar Affiliation (SCBA) president Kapil Sibal encouraged the Collegium to consider designating more ladies judges, especially those working in law firms, to the Tall Courts and the Preeminent Court. His supplication emphasized the require for sexual orientation differences on the seat, especially in zones of law that require ability in commercial and commerce things.
Sibal's Call for Alter
Kapil Sibal's request was coordinated at the Chief Equity of India (CJI), encouraging him to see past conventional sources for legal arrangements and consider uncommon ladies attorneys who are as of now making noteworthy commitments within the lawful calling, particularly inside law firms.
Sibal argued:
"I request the Chief Justice of India (CJI) to look at the law firms and see ladies who are aware of business complexities. If Indian women can become Pepsi CEO, why cannot such women at the law firms be designated as high court judges? The CJI should also look at phenomenal lady lawyers working in this court and (they should) be designated as High Court judges. It has happened with male lawyers; then why not women lawyers. The ratio must change."
His comments bring attention to a significant problem in the Indian legal system - the lack of female representation, especially in top judicial roles. Sibal noted that despite the existence of numerous skilled female attorneys, they are frequently disregarded in the context of commercial litigation and subsequent judicial nominations in this field.
The Setting of the Goodbye
Sibal made comments at a farewell gathering for Justice Hima Kohli, who is scheduled to leave the Supreme Court on September 1. Justice Kohli is highly acknowledged for her work in promoting gender equality and her advocacy for women within the legal field. Sibal reiterated the importance of her work and the importance of upholding her legacy by ensuring more women are appointed to the bench.
Various speakers at the event commended Justice Hima Kohli for her commitment to advancing women's rights. R Venkataramani, India's Attorney General, hailed her as an "exceptional judge and pioneer."
The CJI, in his address, commended her for her sensitivity and sound judicial decision-making, stating: "She has used her voice to air issues facing women in the profession and maintained that gender justice is essential for nation's development. She has shown that to succeed in the profession you don't have to forsake your femininity."
Addressing the Gender Imbalance
The issue of gender imbalance in the judiciary has been a topic of concern for many years. Sibal’s appeal for more women judges from law firms is part of a broader call for greater gender diversity in the legal profession. He noted that the current system often disadvantages women, particularly when it comes to opportunities in commercial litigation:
"There are a lot of lady lawyers in law firms doing complex legal issues but when it comes to litigation, woman lawyers are not briefed and as a woman judge they decide such questions."
The CJI also touched on the broader issue of gender inequality in the legal profession, pointing out that the lack of a level playing field is a significant barrier to women’s success:
"What is the problem with the legal profession - there is no level playing field. I request all seniors to stop recruiting in senior chambers purely based on network, friend's children. The SCBA can put out seniors who would like to recruit and then applications can be made and interviews can be given. Level playing field will show that women will succeed."
Conclusion
Sibal's plea and the conversations during Justice Kohli's farewell underscore the continued obstacles women encounter in the legal field, especially in attaining top positions in the judiciary. As India continues its efforts towards gender equality in all areas, it is important for the judiciary to support capable and talented women by providing them with the opportunities they rightfully deserve. The effort to increase the number of female judges, particularly those with knowledge of commercial law, is a vital move towards a fairer and more equitable legal system.
TAGS: Kapil Sibal Collegium women judges law firms High Courts Supreme Court Justice Hima Kohli gender diversity commercial litigation judiciary Chief Justice of India Supreme Court Bar Association.
