The Supreme Court on Thursday allowed 33 percent reservation for women in the Delhi High Court Bar Association (DHCBA) elections.
The Bench of Justice Surya Kant, Justice Dipankar Datta and Justice Ujjal Bhuyan ordered the association to hold a General Body meeting within 10 days to consider reserving the post of Treasurer, as well as one more post of office bearers of DHCBA, for women members.
The Apex Court further recorded in its order that out of 10 Executive Committee members of DHCBA, three should be women. At least one female member of the DHCBA EC should be a Senior Advocate, it added.
On September 25, the top court of the country had asked DHCBA to consider reserving the post of Vice-President for women lawyers in the upcoming elections. It further expressed displeasure over the fact that since 1962, there had not been even a single woman President of the Bar.
Senior Advocate Meenakshi Arora, appearing for the petitioner, today submitted that the post of Vice-President post was mostly ceremonial.
The Bench then recorded in its order that the post of Treasurer at DHCBA should be reserved for women members.
Senior Advocate Mohit Mathur appeared for the association today.
The Bench passed the order on two petitions seeking 33 percent reservation for women in the Bar Council of Delhi (BCD), the Delhi High Court Bar Association (DHCBA), and all District Bar Associations operating in the national capital.
The first petition was filed by Advocate Shobha Gupta and her daughter seeking 33 percent reservation in the upcoming Bar Council elections of all Advocate Bars of Delhi. It contended that under representation of women in effective posts in BCD and other Bar associations could negatively affect the rights of women and their access to justice as well as detract them from the justice system’s overall effectiveness.
The second plea seeking reservation in DHCBA was filed by Advocate Aditi Chaudhary through Advocate Sunieta Ojha and drawn by Advocate Harshita Singhal.
Earlier on September 20, the Bench of Justice Surya Kant and Justice Ujjal Bhuyan had issued notice on the petitions.
On September 11, the High Court had refused to pass any interim orders in the matter, prompting the petitioners to move the Apex Court.
Appearing for one of the petitioners, Advocate Swati Jindal Garg pointed out that the High Court had adjourned the case to November 27 and the prayers would become infructuous by then.
She said while women were entering the (legal) profession, they were progressing slowly into senior positions due to ineffective representation in key posts of the Bar Council and Bar association.
Advocate Garg submitted that reservation was needed to check on the exploitation of exclusive power by its members, which was right now the need of the hour in a male-dominated profession.
Since the Delhi Bar elections are scheduled to be held on October 19, the petitioner’s prayers seem rendered infructuous. The petitioners then moved the Supreme Court, asserting that the process of the elections has commenced with the declaration/finalisation of the voter list.
Earlier this year, the Supreme Court had directed the implementation of 33 percent women reservation in SCBA elections.
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