'Why Presume Women Are Bad At Technology?' : CJI DY Chandrachud Disapproves Of Plea To Exempt Female Lawyers From E-Filing

The Supreme Court, in a plea filed by the Madhya Pradesh High Court Bar Association, affirmed mandatory e-filing in Debts Recovery Tribunals (DRTs) and Debts Recovery Appellate Tribunals (DRATs). While doing so CJI DY Chandrachud, who was leading the bench also comprising Justice PS Narasimha and Justice JB Pardiwala expressed his disapproval of the presumption that women practitioners would need an exemption to the rule of mandatory e-filing. 

The plea challenged notification of the Ministry of Finance which amended Rule 3 of the Debts Recovery Tribunals and Debts Recovery Appellate Tribunals Electronic Filing (Amendment) Rules, 2023. As per the amended norms, e-filing of pleadings by applicants before DRT/DRAT is made mandatory without any limit. Earlier, e-filing of pleadings before the DRT/DRAT was only mandatory if the debt to be recovered was Rs. 100 crores or more.

While arguing the case, the counsel for petitioner sought for certain exceptions to the rule of mandatory e-filing. He said–

"Exemptions shall be provided for just and sufficient cause, female lawyers, and senior citizens."

To this, CJI Chandrachud remarked–

"Female lawyers? You mean women are not competent? Female lawyers are even more tech savvy than male lawyers. Why the presumption that female lawyers will not get adjusted or are bad at technology?"

The petitioner also sought relaxation in cases of senior citizens. He argued–

"When we talk of e-filing, the clerk would be knowing e-filing, the junior would be knowing the filing and we are talking of the whole ecosystem of practitioners who are practising on the district level. Districts like Jharkhand, Allahabad, Madhya Pradesh – all these places, senior would not know."

To this, CJI DY Chandrachud responded–

"Therefore we have the help desk, therefore the E-Seva Kendras."

While parting with the order which provided directions to make e-filing more accessible, Justice PS Narasimha urged lawyers who go to DRTs or DRATs to upgrade themselves as soon as possible. He said–

"People are upgrading themselves with UPI. Even with a vegetable seller, you can transact comfortably through mobile phones. Everyone is upgrading themselves. Don't convert this into litigation. See that the lawyers who go to DRTs or DRATs upgrade themselves as early as possible. This should not be a permanent feature."

Case Title: MP High Court Bar Association v. Union of India | W.P.(C) No. 155/2023

Click Here To Read/Download Judgment