SC asks Delhi HC bar body why it denied women quota

Questioning the reasoning that led to the rejection of reservation for women candidates in Delhi high court bar association (DHCBA), the Supreme Court on Wednesday asked the body whether the constitutional ethos providing for women representation in various walks of life was considered by its members.

The court also sought a video recording of the general body meeting held on October 7 where the aforementioned decision was taken.

“You have the cream of legal luminaries to whom the nation looks up to. The bar in Delhi, being part of a cosmopolitan culture stands on a higher pedestal. We would like to see what reasons they have given to deny this,” a bench headed by justice Surya Kant told DHCBA president Mohit Mathur.

The top court was hearing a petition filed by three women lawyers – Fozia Rehman, Aditi Chaudhary and Shobha Gupta, seeking reservation for women in the executive committee of DHCBA.

Posting the matter for hearing on November 18, the bench, also comprising justice Ujjal Bhuyan, said, “We want to see whether the members discussed and deliberated the constitutional ethos and how they decided to go against it.”

The Supreme Court Bar Association (SCBA) already provided 33% reservation for women in executive member posts and office bearer positions by way of a May order to be implemented in this year’s elections.

The scrutiny comes following a top court suggestion to DHCBA on September 26 to consider the desirability of reserving the post of treasurer and three posts of executive members in the association, the elections for which are slated in December. “There should be a sign of progression from the bar,” it had said, even as it highlighted that no woman lawyer had been elected as DHCBA president since 1962.

The minutes of a subsequent meeting released by DHCBA stated that the members had “in unison” rejected the resolution for women reservation on posts in its executive committee.

The petitioners, led by senior advocate Meenakshi Arora among others, said that some of them had attended the general body meeting and claimed that once the court examines the video, it will become clear that its order was not explained to DHCBA members. Instead of appreciating what the court had said, the agenda boiled down to whether there should be women reservation in the association, the plea alleged.

DHCBA, however, justified the move in an affidavit filed earlier this month. The association said that women currently constitute nearly 22% of the total membership and there is a permanent post reserved for lady executive member. It added that women also get elected on other posts in the executive committee based on merit.

It further stated that being a private, autonomous body, the association has power under the law to run as per its own rules and bylaws without being bound by any reservation. It also claimed that a decision to introduce reservation for women will have consequences, as representations have come from members in the past to provide reservation for scheduled castes, scheduled tribes and differently abled lawyers as well.

The DHCBA informed the court that it has produced the largest number of female advocates in the country and the Delhi high court has a significant number of women judges. Since 1962, DHCBA has been functioning without appeasing any particular class of members, it said in the affidavit said.

While the court had on the previous date of hearing said that it will be “extremely reluctant” to pass any orders in this regard, it said that DHCBA should show the way forward for district court bar associations to follow.

The top court in May this year passed an order allowing women to hold top posts in the country’s premier bar body – Supreme Court Bar Association (SCBA), by directing 33% reservation for women in executive member posts and office bearer positions and implemented the same from this year’s election.