LAW RESOURCE INDIA

Women as senior advocates, any takers?

Posted in UNCATEGORIZED by NNLRJ INDIA on September 26, 2011
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Bombay High Court : Since 1991, there have been only 3 women among 81 designations

MEENA MENON IN THE HINDU

There have been only three women among the 81 senior advocates designated by the Bombay High Court from 1991 to 2010. Since 2006, no women have been designated as senior advocates; this year too, there were none among the 15 names decided by the High Court.

This year, only one woman, a senior lawyer with over 35 years’ experience, had applied, and she was not selected. Women are diffident about applying for the senior advocates’ designation and even if they do, they are not sure of getting it. And the whole process is shrouded in secrecy. S B Shukre, Registrar General, Bombay High Court, refused to give any details regarding the selection process, the number of applicants and how many women had applied for the designation of senior advocate. Saying that the information was confidential, he suggested that an application may be filed under the Right to Information Act. Rajani Iyer, who was made senior advocate in 2006 along with Ms. K.V. Sirpurkar, says: “I waited to apply till I was invited/asked to apply. I didn’t want to do so otherwise. Perhaps I got lucky when I was appointed.” In addition to a certain amount of diffidence, there is a lack of women applicants. It is a two way-street, she explains. “Why don’t senior women advocates apply for this position despite having a well-rounded practice?” she asks. To be appointed senior advocate is prestigious. “You don’t have to draft petitions and you are given sole responsibility for the case. It’s exciting and challenging,” Ms. Iyer says.

When asked if there was discrimination in the selection process, she points out that the question of discrimination can arise only if women are denied from among a large number of applicants. “The bias or inequity is in the number of women applying. How many women can get recommendations from four senior advocates for the application? That is also the question. Also there are so few women from the criminal side. Freny Ponda was the last advocate from the criminal side.” So far there have been only eight women senior advocates in Mumbai, and among them are Indira Jaising, Sujata Manohar and Phiroza Anklesaria.

To apply for the position, one must have four recommendations from senior advocates, at least 15 years standing as an advocate, reference to at least ten reported judgments in cases in which the applicant has appeared as arguing counsel and contributed to the making of law, among other things. The proposals from advocates are vetted by the Registrar General and then decided upon by the Full Court. The acceptance of the Full Court shall be accorded only if not less then two-thirds of the judges present in the meeting vote in favour of the applications from the advocates.

‘Election, not selection’

A senior lawyer who was turned away after applying for the position in 2011 says, on condition of anonymity, that the voting is done in a secret ballot and is an election, rather than a selection. And the results and number of votes each candidate gets is not made public. While a list had been put up on the high court website, the rejected candidates had not been informed. They cannot apply for two years now. The applicant must know how many votes he or she has got. The whole process, the senior lawyer says, lacks transparency and is vitiated by this secrecy.

A senior woman lawyer, who does not wish to be named, too says the process lacks transparency and that there has to be some objective criteria. If deserving people do not get elevated, then the whole systems suffers, she feels. As a woman lawyer, she herself has not experienced discrimination like many others. However, she concedes that there is a low opinion in general about women lawyers, who lack ambition, albeit that was changing now. She adds that family connections matter in the appointments to the senior counsel.

The appointment of senior counsels is one area where women find no place. Male lawyers never let you feel like an insider; women remain outsiders, according to a young lawyer. Another senior lawyer said there were fewer women lawyers out there but that they were bright. However, many drop out due to various reasons and the judiciary has its own caste system and hierarchy, which was perpetuated everywhere. Women have no place in this. “You join a particular chamber so you go ahead in your career. Women can’t even get into these places,” he says. There are few women judges and if they are appointed it’s a quota.

In addition to this, it is difficult for women, sometimes, who have families to look after, and the court offers no flexibility in terms of time and place, according to a yound woman lawyer. Once you take a break it is difficult to re-establish yourself and not many women make it through the first 20 years of their practice. Things could also be changing with more women coming into the profession determined to stick it out.

Meanwhile, when advocate M.P. Vashi filed a PIL petition in the Bombay High Court on the selection of senior advocates under section 16 of the Advocates Act, he was told to file it in the Supreme Court. Mr. Vashi said the rules setting the criteria for senior advocates went against the principles of making legal aid available cheaply. To apply for the position of senior advocate one had to have an annual income of Rs.7.5 lakh. “The idea is to make legal aid cheaper and here the rules are encouraging the lawyers to charge more fees,” he said. He said there was no clear criteria to judge the competence of those who would be selected for the position of senior advocate and the whole practice must be done away with.

Source: http://www.thehindu.com/news/national/article2482763.ece

Justice Katju: A colourful judge with a social conscience

Posted in UNCATEGORIZED by NNLRJ INDIA on September 26, 2011
JUSTICE MARKANDEY KATJU JUDGE SUPREME COURT

JUSTICE MARKANDEY KATJU JUDGE SUPREME COURT

DHANANJAY MAHAPATRA IN THE TIMES OF INDIA

Two decades ago, the Supreme Court set exacting standards for judges. In All India Judges Association case, the SC had said in 1992, “The conduct of every judicial officer should be above reproach. He should be conscientious, studious, thorough, courteous, patient, punctual, just, impartial, fearless of public clamour, regardless of public praise, and indifferent to private, political or partisan influences.”

It added, “He should administer justice according to law, and deal with his appointment as public trust, he should not allow other affairs or his private interests to interfere with the prompt and proper performance of his judicial duties, nor should he administer the office for purpose of advancing his personal ambitions or increasing his popularity.”

It is difficult to test Supreme Court judges against the 1992 norms. Most maintain a discernable degree of discipline in demeanour, dealings and decisions while deciding cases.

But Justice Markandey Katju was different. During his five-and-a-half year stint as an SC judge, he was an enigma — lovable yet distasteful, respectful yet disdainful, courteous in one moment and rough in the next. In his court room, polite conversations could suddenly turn into a vicious diatribe.

How does one describe a personality like Justice Katju? Could his judgments and observations in the court give a clue? It is said judges speak through their judgments. But did he conform to this? Difficult to say.

Coming from the renowned Katju family of Allahabad, he was a first divisioner throughout his academic career. Probably that – getting first division in every examination he appeared in — was the only thing that was constant for him. Everything else was fluid and dynamic.

Justice Katju was a staunch advocate of judicial restraint. He was against public interest litigations which invited judiciary to foray into the domains of executive and legislature. But, he did not flinch in converting innocuous petitions into PILs and kept giving directions to the chief secretaries.

To the credit of the man, he seldom hid his feelings and always wanted to do something for society that would leave a lasting impression. If he did a thorough job before rejecting a mercy killing plea advanced on behalf of Aruna Shanbaug, who had been leading a vegetative life in a Mumbai hospital for last 38 years after a violent sexual assault, then his efforts towards rehabilitation of sex workers will be remembered fondly for a long time in the red light districts across India.

When many feared to dwell openly about incidents of corruption in higher judiciary, Justice Katju jolted the judicial community by boldly recording in a judgment “something is rotten in Allahabad High Court” and referred to sons and kin of sitting judges becoming multi-millionaires in a short span of time.

He gave the impression of being a stickler for rules and laws, but went against a constitution bench judgment to advocate revival of anticipatory bail provision in Uttar Pradesh.

Justice Katju often ridiculed counsel for not reading the petition and the questions of law involved in it. But he himself was found wanting when he ruled that “mere membership of a banned organisation” was no offence though the Unlawful Activities Prevention Act (UAPA) clearly provided that it was a punishable offence.

English may be the language of the court but it did not prevent Justice Katju from frequently lapsing into Hindi. On social issues, his judgments began with an Urdu couplet.

No advocate dared challenge his knowledge either in law or in Urdu. Justice Katju loved engaging lawyers in light banter, but threatened to dismiss the petition if the counsel proved equal to the task in a debate that spilled off the judicial ring.

There was seldom a dull day in his court room. His retirement brought an end to a colourful tenure of an enigmatic judge. When a senior advocate’s comment was sought on Justice Katju’s retirement, he said, “Thank God, India does not follow the US Supreme Court system.”

In US Supreme Court, a person is appointed judge for life. In India, Supreme Court judges retire on attaining the age of 65 years.

http://timesofindia.indiatimes.com/india/Justice-Katju-A-colourful-judge-with-a-social-conscience/articleshow/10120508.cms

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