Sunday, April 19, 2015

Spotlight: Women Lawyers 'Humiliated' As Overcrowding In Supreme Court Raises Concern For Female Safety

It's tough being a woman in overpopulated India, even if you are inside the hallowed portals of the nation’s highest court. Human congestion at the Supreme Court has reached such proportions that women lawyers, most of whom suffer humiliating and embarrassing experiences amid the jostling, have raised an alarm with the Chief Justice of India. 

The problems are faced by women litigants too. The threat is most acute on Mondays and Fridays, the ‘miscellaneous days’ reserved by the apex court for hearing fresh petitions and public interest litigations (PILs).
On these days, up to 10,000 lawyers descend on the complex with their clients and 30 judges in 12-14 courtrooms hear 1,500-2,000 cases in five hours flat.

“The situation is so bad that when we rush from one court to another, we have to hold a file in front of us as a shield to protect ourselves as we meander our way through congested corridors or from the rear of a court to the arguing desk,” Supreme Court Bar Association (SCBA) secretary Aishwarya Bhati said.

Bar association president and senior lawyer Dushyant Dave told INNLIVE: “Because of the acute congestion, women lawyers get brushed aside, they get squeezed… they are pushed and shoved. This is not a healthy, cultured or respectable way. Aged lawyers also suffer a lot. 

“We have discussed the issue with Chief Justice H.L. Dattu and even written to him suggesting ways to reduce the congestion. 

"But I feel judges think it’s below their dignity to respond…. They just don’t realise that better cooperation with lawyers and vice-versa is required for better administration of justice,” Dave added. 

The problem was bound to arise as 5,000- 10,000 lawyers, besides their clients, appear before the court every day though this figure was a modest 800-1,000 when the building was constructed. 

Though the volume of judicial work has increased, not an inch of space has been added to the court complex. 

The result is that women lawyers and litigants – besides the elderly counsels – have to fight their way through a wall of humans to get into or out of crowded courtrooms and choked corridors. 

After the situation turned really serious, SCBA requested Dattu in February to issue a direction to Registrars to divide the cases on Mondays and Fridays into two halves and specify the time on the cause list so that the lawyers and litigants connected with the day’s cases come in only at the appointed hours and don’t land up together in the morning. 

But the SCBA is upset as its suggestions haven’t yet been responded to. The SCBA resolution stated: “The executive committee comprehensively deliberated on the serious difficulty being faced by lawyers and litigants on Mondays and Fridays on account of tremendous rush in and outside courtrooms, thereby affecting their smooth functioning… also on account of the different lunch hour timings by the Benches, causing serious issues.

“The executive committee, therefore, would request the Chief Justice of India and judges that on Mondays and Fridays, 50% of the matters be fixed in the first session between 10.30am to 1pm and the rest after lunch. 

This will not only help decongest the Supreme Court premises and courtrooms, facilitating easy movement and accessibility, but will also help lawyers pay proper attention in presenting their matters before the court,” it added. 

As a knee-jerk reaction, the Supreme Court prohibited law students and interns, who are not enrolled as advocates, from entering its premises on Mondays and Fridays but it has hardly served any purpose. 

“Chief Justice Dattu once said during a meeting that only a family that respects women will grow. Likewise, only an institution that respects women will grow. 

"Our suggestions for decongesting the court should be implemented. Times have changed. Gone are the days when only a few women practised in the Supreme Court. 

"They are now trying to establish their place in a male bastion. Therefore, a conducive work atmosphere has to be created for them,” Bhati said.

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