Bombay High Court Directs Formation Of Committee To Resolve Problems Of Female Lawyers, Litigants, And Staff In Maharashtra Courts

A Bench of Acting Chief Justice Nitin Jamdar and Justice Arif Doctor directed that the committee shall comprise of Principal District Judge, female representative from respective district bar associations, Additional Collector from Revenue, and Executive Engineer (PWD) from each district in the state.

The court was hearing a PIL filed by NGO Jan Adalat Centre for Paralegal Services and Legal Aid Society and Madhavi Pardeshi, a lawyer from Pune regarding problems faced by women in court premises. The petition also highlights security concerns for women and seeks installation of CCTV cameras in court complexes.

The petition points out the problem of female lawyers becoming compelled to stop practicing after having children and highlights the importance of providing childcare facilities in the court premises.

“After marriage, most of the lady lawyers stop their practice on account of delivery of children. With reference to the same, it is submitted that in big Court Complexes in the State of Maharashtra, an arrangement of crèche is required to be provided. If such arrangement is not made their will be grave injustice which will be caused to the public at large as well as the different stakeholders of the judicial system”, the petition states.

According to the petition, Maharashtra has roughly 1,60,000 advocates as of January 1, 2019, with 40,000 of them being women. Despite these figures, there are no separate bar rooms for women, the petition states. No rule providing for the number of female advocates necessary for the establishment of a separate bar room exists and a policy decision regarding this is required, according to the petition.

The petition states that there is a lack of canteens in most court premises, leaving female lawyers without separate eating places and forcing them to forgo lunch. The dearth of changing rooms for female lawyers and separate clean toilets for women in courts, as well as the necessity for a creche facility and feeding rooms to accommodate female attorneys who become mothers, are also highlighted in the petition.

According to the petition, despite around 1500 female advocates practicing regularly in the Pune District Court, there are only two lady bar rooms, resulting in conflicts over limited space. Further, tin shed roof in one of these bar rooms, and it is impossible to sit there wearing black coats due to heat.

The petition also seeks separate parking places, lockers, and drinking water facilities for female lawyers.

“In the court complexes the lady lawyers as well as the lady litigants are the most neglected persons. In addition to this, the lady employees who are working in the court complexes are also neglected”, the petition states.

The petitioners have impleaded the state government, Principal District Judge, Pune as well as the Bombay HC as respondents in the PIL.

Case no. – PIL/37/2023 [Civil]

Case Title – Jan-Adalat Centre For Para-Legal Services And Legal Aid Society v. State of Maharashtra