This paper reflected the women empowerment in judiciary sector
doing the legal practice in work place. Women are the symbol of sacrifice,
kindness, excuse, softness and tolerance. She is the kind-hearted 'mother' from
whom blessings always flow for her children. This article's main goal is to
In the current situation, women's empowerment has emerged as one of the 21st
century's top issues. Women's empowerment is a popular topic right now in India.
There can be no gender-based discrimination, according to the Indian
Constitution. Women's admittance into the legal system was only made possible
after protracted legal fights, and even then, until the 20th century's close,
their presence in the courts was minimal. In order to effectively promote their
well-being, women challenge the current conventions and society. This process is
known as "women empowerment."
In our society women enjoy a unique position and their contribution to social
development and progress can never be denied. In almost all parts of the world,
their role in building the national character is significant. Indians used to
refer to their nation as Bharat-Mata, but they never understood its actual
significance. Bharat-Mata is the name for the mother of every Indian, whom we
must protect and revere.
Around 50% of the world's population is made up of women. In India today, women
are equally represented in fields including education, sports, politics,
journalism, the arts and culture, the service industry, science and technology,
etc. The longest-serving woman prime minister in history was Indira Gandhi, who
led India as prime minister for a total of fifteen years.
The Indian Constitution not only guarantees women's equality but also gives the
State the authority to implement positive discrimination policies in order to
counteract the accumulated socio-economic, educational, and political
disadvantages women experience of them
Fundamental Rights include, among other things, the guarantee of equality before
the law and equal protection under the law, the prohibition of discrimination
against any citizen on the basis of religion, race, caste, sex, or place of
birth, and the assurance of equal opportunity to all citizens in matters
relating to employment. Articles 14, 15, 15(3), 16, 39(a), 39(b), and 39(c) of
the Constitution are particularly significant in this regard.
"With more than 6,000 000, legal Professionals, India has the second-largest
legal profession worldwide. Small or family-run firms and individual attorneys
are the main service providers. The majority of the firms deal with matters of
domestic law and the adversarial litigation system used by the nation. Instead
of being viewed as services, legal services were conceptualised as a "noble
profession," which led to the creation of rigid and constrictive regulatory
Public policy and the "dignity of the profession" have been cited as the
justifications for these regulations". (Joshi, 2020) The judiciary has
reinforced these principles, which can be reflected in the words of Justice
Krishna Iyer (2009) "Law is not a trade, not briefs, not merchandise and so the
heaven of commercial competition should not vulgarize the legal profession".
However, courts have established that "Legal Service" is a "service" delivered
to customers over time and have ruled that lawyers are responsible to clients if
their services are subpar. According to the Consumer Protection Act of 1986, the
term "Service" is defined in Section 2(U) of the Competition Act of 2002. Thus,
it can be said that legal services are now covered by trade-related legislation,
even though consumerism and market forces ought to have enough room.
What Is Women Empowerment?
The Empowerment of women has come to be recognized as one of the basic
attributes for a progressive and thriving nation. In the words of the former
secretary-general of the UN, Kofi Annan: "There is no tool for development more
effective than the empowerment of women." APJ Abdul Kalam, former president of
India, was also famously quoted saying that, "empowerment of women leads to the
development of a good family, good society and ultimately a good nation".
Women empowerment implies the ability in women to make decisions cornering their
life and work and giving equal rights to them in all spheres like personal,
social, economic, political, and legal and so on. Women are working side by side
with men in the workplace today because of the empowerment of women.
As they balance managing their families while also trying to work and contribute to the needs of their families, women's empowerment is crucial for the future success of any nation. The value of a mother, sister, or daughter in a family must ever be understated.
Women empowerment is not limited to urban and even women in remote towns and villages are now increasingly making their voices heard loud and clear in society.
Women are now claiming the socio-political rights (right to work, right to education, right to decide, etc) for them. The Parliament of India to has passed various legislations to save women from various forms of injustice and discrimination.
ey balance managing their families while also trying to work and contribute to the needs of their families, women's empowerment is crucial for the future success of any nation. The value of a mother, sister, or daughter in a family must ever be understated.
- Women empowerment is not limited to urban and even women in remote towns and villages are now increasingly making their voices heard loud and clear in society.
- Women are now claiming the socio-political rights (right to work, right to education, right to decide, etc) for them. The Parliament of India to has passed various legislations to save women from various forms of injustice and discrimination.
- Women empowerment following the law are enacted:
- Equal Remuneration Act-1976;
- Dowry Prohibition Act-1961;
- Immoral Traffic (Prevention) Act-1956,
- Medical termination of Pregnancy Act-1971;
- Maternity Benefit Act-1961;
- Commission of Sati (Prevention) Act-1987;
- Prohibition of Child Marriage Act-2006;
- Pre-Conception & Pre-Natal Diagnostic Techniques (Regulation and
Prevention of Misuse) Act-1994; and
- Sexual Harassment of Women at Work Place
(Prevention, Protection and) Act-2013.
- More recently, in the wake of the Nirbhaya case involving the rape and brutal
murder of a paramedical student in Delhi, the government has passed the Juvenile
Justice (Care and Protection of Children) Bill, 2015. This Act makes a
significant departure from the earlier Juvenile Justice (Care and Protection of
Children) Act, 2000, as the juvenile age inviting punishment for offense now
stands reduced from 18 to 16 years.
- The most effective remedy to kill such devils is making women empowered
by ensuring the Right to Equality mentioned in Article 14, Constitution of
- According to the provisions of the Constitution of India, it is a legal
point to grant equality to women in society in all spheres just like males
Women in Profession
The status of women in Indian tradition has generated debate. Although they have
been given a prominent position in society in theory, the reality has always
been very different from the ideal. For a very long period, women remained
conspicuously absent from the majority of modern occupations. The economic
situation, religious practices, and thought patterns of the populace have all
had a different impact on how women are positioned in various sections of the
Again this backdrop, India's struggle for independence proved to be a
great boon to the cause of women in India, as most of its leaders had their
grounding in the Western liberal education system. In post-independence India,
the contemporary feminist movement began by basing itself firmly on the
principles of equality and asserting that the gender-based structures, such as
the sexual division of labour, oppressed and subordinated women.
This cry of
helplessness and vulnerability gave Indian feminism a new subjectivity by
expressing feelings that had hitherto gone unspoken. At the same time, the
emphasis on working women signalled a rejection of the wife-mother stereotype in
favour of that of a woman who can support herself financially. It also reflected
the emergence of class awareness along with a desire to unite and mobilise women
and the growing influence of feminists in office politics.
While most urban
women work in the services industry, women in rural India are primarily employed
in agricultural and domestic labour. The majority of these women, who come from
middle- and upper-class households, seek employment to improve their family's
standard of living. However, some people of highly educated and talented women
is also emerging as civil servants, legal practitioners, medical practitioners,
engineers, professors, directors, etc. These women are propelled by their
ambitions and the desire to give expression to their talents.(Sen, 1991).
Changing Face of Legal Profession
Globalization brought about a revolution in international trade with increasing
participation and involvement of countries and greater access to domestic
economies. The implication of the same on the legal service sector has been both
quantitative and qualitative. The past decade has been a mini-revolution in the
legal service sector with the greatest legal impact on the corporate legal arena
Activities in project financing, intellectual property protection, environmental
protection, competition law, corporate taxation; infrastructure contract,
corporate governance and investment law were almost unknown before the '90s.
Number of Law firms capable of dealing with such work was very few. The need for
professional service has been tremendous in the legal service sector. In the
last few years, Law Firms in house firms and individual lawyer's expertise in
providing legal services in the corporate sector have increased by several
times. ( (Joshi, 2020)
These new law firms focus on developing loan instruments,
infrastructure and power contracts, project financing agreements, and agreements
for transnational investment, joint ventures, and technology transfer. This is a
clear indication of the rising legal sectors' tendency to settle disputes
through Advanced Debt Recovery Solutions (ADRS) rather than through
Due to globalisation, demand for legal services has
increased both inside and externally. At the same time, significant for the
progressive development of the legal profession in India is this era of
Work in the Legal field
The term legal service sector is a completely different type of service as
compared to software programming, medical practice, or other professional
services. Though it is more or less protect from intrusion sinceits traditional
base is derived not only from statutes and the existence of statutory bodies but
also from the conservative and traditional mindset that inhibits the development
of cross border service supply.
Even on a worldwide scale, the legal service
industry is inexorably constrained by jurisdictional restrictions like the need
for a degree from the nation where the service is to be provided. Only some
components of legal services are subject to particular local concerns, while
others are not. Where local factors are significant, they must be maintained,
and only exceptions for global market access should be made.
the one hand, it is necessary to join the global brotherhood and to take on
advantageous responsibilities that promote trade in services and on the other
hand, there is a need to preserve national interest.
The Nature of the Legal Profession
Law is always given an epoch position for its importance in maintaining proper
decorum, in the execution of powers, in tackling various problems, but the law
in itself is a matter of minute understanding, interpretation and deliberation,
and hence, keeping these things in mind, a league of well-educated laureates of
various ages at various times has taken efforts to practice this discipline and
make it accessible to those for whom it is created and exists.
There are several aspects of legal professions that create a culture or mindset
that generates significant reservations regarding that whole notion of
leadership development training for lawyers as being important or essential.
First off, our industry considers itself to be among society's elite. Because
they are lawyers, lawyers tend to believe that they are good leaders.
reality is that many lawyers lack significant training in leadership development
outside of what they learn from the "school of hard knocks," as little or no
training in leadership development is provided to law students, and only a small
number of continuing legal education courses�which is a growing trend�teach it..
Position and Status of Women
The position and status of women all over the world have risen extraordinarily
in the 20th century. We find that it has been very low in past centuries in
India and hence they were treated like 'objects' that can be bought and sold.
For a long time, women in India remained within the four walls of their
household. They depend on the menfolk.
The practices of female infanticide, child marriage, sati (self-immolation by
the wives with their husbands), the dowry system, and perpetual widowhood were
all outlawed in India.
It would benefit the countless women in the nation who are mistreated by their
spouses and lack the documentation necessary to establish their marital status.
Additionally, it would make it possible for women to seek child support and
custody, as well as the ability for widows to claim inheritance rights. It would
also help prevent underage marriages, bigamy, and polygamy. No matter their
caste, creed, or religion, all women are subject to the Act's requirements.
Indian women's empowerment to exercise their rights is greatly aided by this.
Women and the Legal Profession
Journalistic, academic, and medical fields were the first to experience the
impact of women. In subsequent years, fields that were predominately held by
men, like as politics, the legal system, management, and the civil service,
began to be impacted by feminism. Families from the orthodox, backward, and
conservative strata are not exempt from the intense burden of economic need that
has recently impacted society. One of the most notable social developments in
recent years, frequently referred to as "revolutionary," over the past four
decades has been the introduction and increasing representation of women in the
Lawyers wield much power and influence in social, economic and political
circles. Law also is known to be a male-dominated profession, much like
academia, accounting, architecture, investment banking, and management
consulting. Despite increasing female representation in law schools and
entry-level legal positions over the past few decades, structural segregation of
women in this male-dominated profession perpetuates large disparities between
the career trajectories of male and female lawyers Even across wildly different
national and legal cultures, it is simple to relate the tale of women in the
Women were underrepresented among law school graduates, legal
practitioners, and any occupation involving legal labour, however broadly
defined, until quite recently. In these nations, altering the requirements for
admission to the practice of law required a change in the law, whether by
legislation or common law growth. In other countries [Newzealand, for example]
women were never legally prohibited from entering the profession, but they did
not enter the field, and the participation of women in the profession strongly
tracks the development in other countries with more formal barriers.
barriers to entry and participation in the profession seem more powerful than
legally prescribed limits. Similarly, changed social conditions, such as the
international women's movement, the democratization of university education and
new methods of birth control and attitudes towards the family have affected
enormous changes in the participation of women in the legal profession. To be
sure there are some cultural or national variations, but there is substantial
uniformity across countries.
Legal Profession in Pre-British India
The legal profession in Pre-British India was not as organized as today.
Actually, the legal profession as it exists today was created and developed
during the British period. During the Hindu and Muslim period, the Courts
derived their authority from the king. The king was considered to be the
fountainhead of justice. The king's Court was superior to all other courts. The
King's Court was the highest court of appeal.
It had original jurisdiction in
important cases. The king was advised by his Councilors' in hearing and deciding
the cases. However, the king was not bound by their advice. The king, thus, made
law through his decisions. The institution of the lawyer as it exists today was
not in existence during that period. The general principle was that the decision
should not be given by a person singly and therefore a bench of two judges was
Even, during the Muslim period, the legal profession was not
organized. The King was regarded as the fountain of justice. He was regarded as
a servant of the God on the earth and his duty was to see that his laws were
obeyed. It was the primary duty of the King to administer justice. He could
disclose his duties personally or through his officers. The King was the chief
judge of the Emperor and Keeper of God's conscience.
The courts were to be
guided by Quran, Sunna, Ijina, etc. The law of evidence was not satisfactory.
The evidence of a Mohammedan was given more weight than that of a Hindu. A
Muslim could not be convicted for the offense of murder on the evidence of a
non-Muslim. The evidence of a female was considered inferior to that of a male.
Thus, before the British period, the legal profession was not organized. There
was no provision for legal training.
Before the rise of the British power in
India, the administration of justice in Northern India was in the hand of courts
established by the Moghul Emperors or ruling Chiefs owing allegiance to them. In
addition, the big zamindars also had courts exercising civil and criminal
jurisdiction. There existed a class of persons called Vakils. They acted more as
agents for principals than as lawyers.
Legal Profession in pre-independence
In the pre-independence era of India, women's entry into the legal profession
witnessed a dramatic and yet challenging beginning, starting from a series of
infamous cases. In 1916, a special bench of five judges of the High Court of
Calcutta, in the case of Regina Guha, held that the word "persons", referred to
at various places in the Legal Practitioners Act, 1879, means males and not
females, and thus only men could be admitted as pleaders of the subordinate
Subsequently, in the Sudhansu Bala Hazra cas
e, a full bench of the Patna High
Court once again upheld the above-mentioned view. Both high courts negated the
argument taken by the petitioners, relying upon the General Clauses Act, 1868,
that the words importing the masculine gender should also include females.
The courts held that it was not the intention of the legislature to reverse
established policy or introduce a fundamental change in long-established
principles of law that barred women's admission as pleaders. Interestingly, the
judges authoring these judgments unanimously observed that their duty as judges
was limited to the declaration of law, and whether any change in the law was
wise or expedient was for the legislature to consider.
After these two significant developments, the Indian legislature finally passed
the Legal Practitioners (Woman) Act, 1923, removing the disqualification and
affirming that "no woman shall, by reason only of her sex, be disqualified from
being admitted or enrolled as a legal practitioner, or from practicing as such".
The passing of this act allowed women lawyers to be enrolled as pleaders and
practice in the courts of India.
The Legal profession in Post-Independent
Post-independence, and upon adoption of the Indian Constitution in 1950, Indian
women were conferred with fundamental and constitutional rights to safeguard
their status and position in society, including the right of equality, right
against discrimination only on grounds of sex, freedom to practice any
profession, etc. The framers of the Indian Constitution considered the
empowerment of women in society as a key to development.
However, in India, up until the past two decades or so, the legal profession was
not a preferred profession for women owing to concerns such as the lack of a
female-sensitized workplace environment, low compensation, and fewer avenues
available compared to male counterparts. Fortunately, the scenario at workplaces
nowadays is better.
Applying the concept of women's empowerment in the legal fraternity,
particularly within law firms, it becomes all the more indispensable to ensure
that women lawyers are given the right kind of support, as it is the most
effective way to pierce through multiple barriers of communication, for
instance, those that may exist between a male attorney and a female client in
Now also endeavor to ensure that our women lawyers engage in assignments that
give them the best professional exposure. Women lawyers at the firm are
routinely appointed (by varied multinational companies having their
branch/subsidiary offices in India) as independent members on the internal
complaints committees mandated under the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013.
More and more women are coming forward to choose law as an option, and it is
reflected in the increase in the number of women at top-level management in
top-tier firms. Speaking of women's role in the legal fraternity, the slow but
very apparent increase and prominence of women in the judiciary cannot be left
Legal and Constitutional Provisions For Women In India
- The Crimes Identified Under the Indian Penal Code (IPC)
- Rape (Sec.376 IPC)
- Kidnapping & Abduction for different purposes ( Sec. 363-373)
- Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC)
- Torture, both mental and physical (Sec. 498-A IPC)
- Molestation (Sec. 354 IPC)
- Sexual Harassment (Sec. 509 IPC)
- Importation of girls (up to21 years of age
- The Crimes identified under the Special Laws (SLL)
- The Special Marriage Act, 1954
- The Hindu Marriage Act, 1955
- The Maternity Benefit Act, 1961 (Amended in 1995)
- Dowry Prohibition Act, 1961
- The Medical Termination of Pregnancy Act, 1971
- The Equal Remuneration Act, 1976
- The Prohibition of Child Marriage Act, 2006
- The Criminal Law (Amendment) Act, 1983
- Indecent Representation of Women (Prohibition) Act, 1986
- Commission of Sati (Prevention) Act, 1987
- The Protection of Women from Domestic Violence Act, 2005
- Constitutional Privileges
- (Article 14) Equality before law for women. According to Article 14, The
State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.
- (Article 15) Prohibition of discrimination on grounds of religion, race,
caste, sex, or place of birth. (Article 15(1))The State shall not
discriminate against any citizen on grounds only of religion, race, caste,
sex, or place of birth or any of them. (Article 15(3)) The State to make any
special provision in favor of women and children.
- (Article 16) Equality of opportunity in matters of public employment.
(Article 16(1)) There shall be equality of opportunity for all citizens in
matters relating to employment or appointment to any office under the state.
- (Article 19) Freedom Of Speech And Expression
(Article 19(1)(a)) states that, all citizens shall have the right to freedom of
speech and expression.
- ( Article 21) Protection of life and personal liberty.No person shall be
deprived of his life or personal liberty except according to the procedure
established by law.
- (Article 39) Directive Principles of State Policy
(Article 39(a)) The State to direct its policy towards securing for men and
women equally the right to an adequate means of livelihood.
- (Article 39(d)) directs the state to secure equal pay for equal work for
both men and women.
- (Article 39 A) To promote justice, on a basis of equal opportunity and
to provide free legal aid by suitable legislation or scheme or in any other
way to ensure that opportunities for securing justice are not denied to any
citizen because of economic or other disabilities.
- Article 42 of the Constitution incorporates a very important provision
for the benefit of women. It directs the State to make provisions for
securing just and humane conditions of work and for maternity relief.
- (Article 51(A) (e)) is related to women. It states that;It shall be the duty
of every citizen of India to promote harmony and the spirit of common
brotherhood amongst all the people of India transcending religious, linguistic,
regional, or sectional diversities; to renounce practices derogatory to the
dignity of women.
- Article 243 D: Reservation of seats.(Article 243 D(1)) Seats shall be
- The Scheduled Castes; and
- The Scheduled Tribes,
- (Article 243 D(2)) No less than one-third of the total number of seats
reserved under clause (1) shall be reserved for women belonging to the
Scheduled Castes or, as the case may be, the Scheduled tribes
- (Article 243 D(3)) Not less than one-third (including the number of
seats reserved for women belonging to the Scheduled Castes and the Scheduled
Tribes) of the total number of seats to be filled by direct election in
to be reserved for women and such seats to be allotted by rotation to different
constituencies in a Panchayat.
- (Article 243 D (4)) Not less than one-third of the total number of
offices of Chairpersons in the Panchayat at each level is to be reserved for women.
- Article 243 T: Reservation of seats
- (Article 243 T (3)) Not less than one-third (including the number of
seats reserved for women belonging to the Scheduled Castes and the Scheduled
Tribes) of the total number of seats to be filled by direct election in
every Municipality to be reserved for women and such seats to be allotted by
rotation to different constituencies in a Municipality.
- (Article 243 T (4)) Reservation of offices of Chairpersons in
Municipalities for the Scheduled Castes, the Scheduled Tribes and women in
such manner as the legislature of a State may by law provide
The Empowerment of Women has become one of the most important concerns of the
21st century not only at the national level but also at the international level.
Women Empowerment helps to make the society and world a better place to live in
and march forward on way to inclusive participation in the legal field. It means
to increase happiness for the family and the organizations where women make a
difference. At present, the public image of women lawyers is far from
They are seen as fortune seekers rather than seeking to serve. In a developing
society, women lawyers must play an equal and important role in the development.
Improvement in the traditional status of women lawyers, therefore, is a
necessary first step in their day-to-day activities. However to ensure a
fruitful participation of women in the legal profession. The first is the need
to bring about a qualitative improvement in the participation of women legal
- Anjali Chandal(2015) Women empowerment and constitutional Provisions,
legal service India, e- journal
- Saba Yunus and SeemaVerma (2015). Legal Provisions for Women Empowerment
in India. International Journal of Humanities and Management
- Honour, status & polity" by Pratibha Jain, SaṅgītāŚarmā.
- "Status of Women in India" by ShobanaNelasco, p.11
- OSR Journal of Business and Management - A Study on Issues and
Challenges of Women Empowerment in India By Dr. (Smt.) Rajeshwari M.
- Indiacelebrating.com Article on Women empowerment- Winds of change
- Times of India- ByMitaKapur, Founder, curator and producer of Woman Up!
- Legal service India-Women empowerment: With Special Reference to
Constitutional Provisions- By aniketsmls
- Constitution of India GopalSankaranarayanan
- Abel, Richard (1988), Comparative Sociology of Legal Professions: An
Explanatory Essay. American Bar Foundation Research Journal, 10(1), Winter,
- Bar Council of Allahabad (2014), Record of Registered Legal
Practitioners in UP. Lucknow: U.P. Govt. Press.
- Buckee, Gillian F. M. (1972), An Examination of the Development and
Structure of the Legal Profession at Allahabad, 1866-1935. Unpublished PhD
Thesis presented to the University of London, the United Kingdom.
- Gooptu, Sorabji (2007), Cornelia Sorabji, India's Pioneer Woman Lawyer:
A Biography. Oxford: Oxford University Press.
- Kay, Fiona; Gorman, Elizabeth (2008), "Women in the Legal Profession",
The Annual Review of the Law and Social Science, 4, 299-332.
- Paul, John Jeya (1991), Legal Profession in Colonial South India.
Oxford: Oxford University Press.
- Sen, Anima (1999), Problems and Potentials of Women Professionals across
Cultural Perspectives. New Delhi: GyanPublishers.Vadagama, Kusoom (ed.)
(2011), An Indian Portia: Selected Writings of Cornelia Sorabji, 1855 to
1954. New Delhi: Zubaan.
- Saba Yanus . (2015). Legal Provisions for Women empowerment inindia.
Internaltional Journal of Humanities and Management Sciences , 3 (5),
- Joshi, S. (2020). Changing Face of The Legal Profession In India In The
Era of Globalization. Environment Law
Journey Of Women Empowerment
Dr. B.R. Ambedkar's Role In Women Empowerment
Women Empowerment And Constitutional Provisions
Judicial Activism and Women Empowerment In India
The Responsibility Of Women Empowerment On Media
Women Empowerment, Gender Justice And The Role Of Law
Social Media And Women Empowerment: A Brand New Facet
Women empowerment: With Special Reference to Constitutional Provisions
Women Empowerment in India: Discussing Liberal Feminism and Legal