Old Boys' Club Should Give Way To Women Now: Karnataka HC In Plea Seeking 33% Reservation For Women In Tumakuru District Advocates Association

“We will not for long permit these association to be boys club” Justice M Nagaprasanna said to the Tumakuru District Advocates Association President.

On March 19, the High Court stayed the elections to the Tumakuru District Advocates Association, which were scheduled on April 5 after the Association rejected the women advocates' representation for 33% reservation in favour of women members.

Advocate Vidyashree KS appearing for the petitioners submitted that as they had given their representation in advance, the Association had sufficient time to amend the byelaws to provide reservations to women. 

She further referred to a recent Supreme Court order, which directed that the post of Treasurer be exclusively earmarked for women candidates in Advocates Association in Bengaluru (AAB). The Apex Court had also suggested that the High-Powered Committee and the Chief Returning Officer may consider reserving at least 30% of other Governing Council posts for women lawyers. The matter reached the Supreme Court after a Karnataka High Court order which took a view that only the Supreme Court could pass a order on the issue.

Noting that the AAB has implemented the reservations, the High Court remarked that associations should be progressive and not regressive.

“Old man's club should give way to women now. They have been in this throughout. They are equal in fact let them be equal in law. Election was declared in the case of AAB elections but SC stayed and gave direction” the Court said. It further remarked "Actions should speak louder than words, bring in something like this. I for one believe yes there should be representation of women everywhere. Everywhere to the percentage that is necessary, This was fought in panchayat raj also.”

AAB President Vivek Subba Reddy stated an amicus has been appointed by the Supreme Court to give status of bar association in all states and said that the petitioner can make their representation before the Supreme Court. However, the Court noted that the plea is concerning State Bar Associations and not bar associations within a State. 

Commenting that impediments should not come in the way of making changes, the Court said "Only when financial powers are given to women like a family that will be in control everyone will be in control. It is given to men all these days and you have finished everything."

With these remarks, the Court adjourned the matter till Monday. The stay has been extended till then.

As per the petition, the petitioners had addressed a letter on March 5 to the Election Officer and President of the Tumakuru Bar Association requesting for reservation of 33% of the total existing posts in favor of women. The plea states that the Association has failed to exercise its discretion in a manner that upholds constitutional morality and progressive jurisprudence. The rejection of the petitioners' request on the grounds that the ongoing committee lacks the authority to decide the matter and that there is insufficient time to convene a meeting is an unreasonable excuse, it says.