Published On: March 13th 2026
Authored By: Tanzila Rahman
Aligarh Muslim University, Centre Murshidaabad
Abstract
Over the last decade, despite excelling in law schools, women remain largely absent from courtroom advocacy in India. This article examines the principal challenges faced by young women lawyers as they enter and attempt to sustain careers in litigation. Drawing on constitutional provisions, landmark judicial decisions, and survey data from the Supreme Court Bar Association, it identifies institutional gender bias, professional-personal conflict, workplace safety concerns, inadequate mentorship, and systemic underrepresentation as the key barriers. The article concludes with targeted reform recommendations to make the Indian legal profession more equitable and inclusive.[1]
I. Introduction
Article 14 of the Constitution of India assures equality to all its citizens. It states that “the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” Advocates and judges are entrusted with the duty of administering justice. The paradox, however, is stark: when a woman’s rights are violated, she approaches a court for relief, and the legal system is expected to vindicate her. Yet women within that same legal community routinely face exclusion, inequality, and unfair treatment. Within the Indian legal system, women are not only confronting prejudice and professional constraints but are also struggling to find fundamental support, particularly in litigation and in their elevation to the higher judiciary.
Entering the legal profession was never straightforward for women. Historically, obtaining parental permission to pursue law was itself a significant hurdle, because law was not regarded as a suitable career for women. The prevailing mindset held that a girl who became a lawyer would grow assertive and decisive, and that this would bring shame upon her family. Even when women managed to complete their LLB degrees, several High Courts, including the Patna High Court, explicitly held that the expression “legal practitioner” did not include women. Miss Sudha Shubala Hazra, a prominent Indian lawyer who completed her LLB from Calcutta University, had to fight for her enrolment as an advocate at the Patna High Court. Cornelia Sorabji, the first female lawyer of India, required special permission merely to use the Oxford University library. Anna Chandy became the first woman to serve as a High Court judge. Mithan Tata Lam was the first woman to practise law at the Bombay High Court. Meera Fatma Bibi was the first woman to be appointed a judge of the Supreme Court. These pioneering women laid the foundation for every woman who chose law after them. After years of perseverance, the Legal Practitioners (Women) Act, 1923, finally recognised a woman’s right to practise as an advocate in courts, marking the beginning of women’s formal entry into the legal profession.
In the present context, female law students are emerging as frontrunners across the country. In the Common Law Admission Test conducted by the Consortium of NLUs, approximately 50 per cent of applicants are women.[2] In state and central universities, women enroll in nearly equal numbers as men. They excel academically, secure merit ranks, and demonstrate superior performance in moot courts. Yet this achievement is only a fragment of the broader picture. According to the Bar Council of India, approximately 15.31 per cent of women lawyers are in active litigation.[3] Most female students who complete their B.A.LL.B. choose corporate law or opt for lower judiciary examinations, where selection is purely merit-based and the career path is more predictable. An alarmingly small number choose litigation. Despite being top performers in law school, they do not proceed to practise in courts. The question is: why?
II. Institutional Gender Bias and the Constitutional Framework
The Persistence of Bias
People in India still believe that a female lawyer will not handle their case effectively, and that courtroom advocacy is a profession meant for men. Women lawyers often endure significant difficulties in securing briefs. Senior lawyers pay them less on the assumption that they are less assertive and will not perform their work diligently. They are frequently considered less competent than their male counterparts. This institutional bias limits women’s participation in litigation.
Article 14 of the Constitution of India
Article 14 guarantees equality before the law and prohibits discrimination on the basis of sex. It is a foundational provision that can be invoked in cases involving gender-based bias in the legal profession.
The Equal Remuneration Act, 1976
This Act mandates equal pay for equal work and prohibits discrimination based on gender in recruitment, training, promotion, and transfers. Its provisions are directly applicable to the pay disparity that women lawyers experience when employed in law firms or chambers.
Madhu Kishwar v. State of Bihar, AIR 1996 SC 1864
[Note for author: This Supreme Court judgment primarily concerns inheritance rights under tribal customary law. Please verify whether this case is the most apt citation here. The case does affirm principles of gender equality before the law, and it has been cited in that context in the corrected version pending your confirmation.][4]
The Supreme Court affirmed that gender equality is a constitutional imperative and that women have equal rights under the law. The judgment underlines the significance of legislative reform in addressing gender disparity across all sectors, including the legal profession.
III. The Challenge of Professional-Personal Equilibrium
Advocacy demands long and irregular hours. Most female lawyers struggle to maintain a healthy work-life balance. The difficulty of working in the early morning or late evening is compounded by societal expectations that place the primary burden of household responsibilities on women. Cultural norms shape the choices available to them. Women lawyers also take extended maternity leave, and when they return to practice, they face the added challenge of rebuilding a client base and keeping pace with legal developments while managing childcare responsibilities. These pressures discourage female lawyers from persisting in the profession and from pursuing more demanding litigation careers.
IV. Workplace Safety and the Legal Protections Available
An Unsafe Environment
Security is a serious concern for women lawyers. Courts and law offices are predominantly male spaces, and there are numerous documented instances of women lawyers being harassed in their workplaces. Fear for their careers prevents many from reporting such incidents, which means the problem remains underaddressed. This unsafe environment is a significant factor in limiting women’s participation in advocacy.
Suo Motu Writ Petition (Crl.) No. 1 of 2019, In Re: Expeditious Trial of Cases of Sexual Harassment
The Supreme Court issued directives for the expeditious trial of cases relating to sexual assault, reflecting the judiciary’s recognition that swift justice is essential for the protection of women.[5]
Vishaka v. State of Rajasthan, AIR 1997 SC 3011
In this landmark case, the Supreme Court laid down the Vishaka Guidelines, which provided a legal mechanism to address sexual harassment at workplaces.[6] The petition was filed for the enforcement of rights under Articles 14, 19, and 21 of the Constitution of India. The case arose from a brutal incident of gang rape in Rajasthan involving a woman social worker, and its legacy is the statutory framework now codified in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
MC Mehta v. Union of India, 2000
[Note for author: The well-known MC Mehta series of cases concerns environmental law. Please verify the correct citation for the case involving harassment of a female advocate on Supreme Court premises and replace this reference accordingly.][7] In the matter referenced, a female advocate was harassed on the premises of the Supreme Court, which prompted the Court to direct improvements in security measures and reiterate the importance of a safe workplace environment for women lawyers.
V. Lack of Professional Assistance and Networking
In the legal field, professional networking is directly linked to career success. Strong networks help lawyers secure clients and advance their practice. Women lawyers frequently struggle to find guidance and mentorship because of the scarcity of senior female role models and the reluctance of some senior male lawyers to invest in the careers of their female juniors. This challenge is particularly acute given that the profession remains predominantly male, and gender differences can create social distances that impede organic mentorship relationships from forming.
VI. Underrepresentation in Leadership and the Higher Judiciary
Women excel in law schools but are rarely found in the higher judiciary or at the top of leading law firms. Even after 78 years of independence, India has not appointed a woman as Chief Justice. The figures for female judges in the High Courts and the Supreme Court remain deeply disappointing. Very few women advocates choose litigation in the first place; of those who do, very few manage to build flourishing practices; and of those who flourish, very few are elevated to the bench. The selection criteria applicable to the higher judiciary, combined with the accumulated disadvantages women face at earlier stages of their careers, create a pipeline problem that compounds itself at every level.
Survey: “Women Empowerment in Law: A Panel Discussion on Struggle and Success” (Supreme Court Bar Association)[8]
A survey conducted by the Supreme Court Bar Association found that 301 women lawyers in the Delhi NCR region reported experiencing gender discrimination at the bar. The report reveals that approximately one-third of women lawyers face gender equality disparities in their daily professional life. More than 50 per cent reported difficulty in maintaining a work-life balance. The survey also highlighted that families tend to encourage women lawyers to opt for the judiciary rather than litigation, viewing judicial service as a more stable career in contrast to the uncertainties and hardships of courtroom practice.
VII. Conclusion
The Indian legal system must transform if it is to adequately address the challenges confronting women lawyers. Crimes against women are rising, but the number of female advocates who can represent them is not rising in proportion. Several concrete steps are necessary to close this gap.
Flexible working arrangements must be made available to women lawyers so that they can manage their professional and personal responsibilities effectively. Lower judiciary examinations should be conducted at regular intervals, increasing the opportunities for women to enter the bench and to progress towards the High Courts and the Supreme Court. Indian court infrastructure requires urgent improvement to create environments that are safe and conducive for all lawyers, particularly women. Gender-sensitive court design and strict enforcement of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, must become institutional priorities, not aspirational goals.
Women lawyers themselves must also cultivate resilience and perseverance. From the very beginning of their careers, they benefit from developing skills in time management and multitasking, enabling them to fulfil every responsibility they undertake. During maternity leave, staying engaged with current judgments, legislation, and ordinances helps ensure continuity in professional competence. Women lawyers can also use such periods productively for contract drafting and writing legal articles. Most importantly, senior women in the profession have a special duty to support and encourage their junior colleagues.
With equal opportunities, meaningful mentorship, and genuine structural change, the young women who are already topping their law school classes will also find their rightful place at the bar and on the bench.
References
[1] For a general overview of challenges faced by women lawyers in India, see The Challenges Faced by Women Lawyers in India, Lawful Legal, available at https://lawfullegal.in/challenges-faced-by-women-lawyers-in-india/ (last visited 2025).
[2] CLAT 50% female applicant statistic.
[3] Bar Council of India.
[4] Madhu Kishwar v. State of Bihar, AIR 1996 SC 1864.
[5] Suo Motu Writ Petition (Crl.) No. 1 of 2019, In Re: Expeditious Trial of Cases under Section 376 of IPC.
[6] Vishaka v. State of Rajasthan, AIR 1997 SC 3011 (India). See also Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Act No. 14 of 2013).
[7] MC Mehta v. Union of India.
[8] Supreme Court Bar Association, Women Empowerment in Law: A Panel Discussion on Struggle and Success, Survey Report. See also Challenges Faced by Indian Women Legal Professionals: Full Report, available at https://www.scribd.com/document/102128508/Challenges-Faced-by-Indian-Women-Legal-Professionals-Full-Report.
