The gender gap in India’s legal profession may not be that skewed at entry level, but it is alarmingly high in leadership roles. While corporate laws in India mandate the inclusion of at least one female in a policy-making role, organisations rarely comply with it. The bias related to appraisals, promotions, better opportunities, etc., prevents women from climbing the corporate ladder. While companies are increasingly hiring women, the roles are very much limited to the entry level.

The chances of a woman getting promoted within the same career span as that of a man are slim. Still, more women are working at higher levels in in-house jobs. The judiciary, the courtrooms, the bar—all tell a starkly different story. Workplace policies affect the chances of women getting hired as partners in law firms.

As of 2022, out of 256, only 11 female judges were appointed to the Supreme Court of India which has been functioning for the last 70 years. A low number of women representatives in bar councils and associations is another example of the exclusion of women from decision-making roles.

This all shows that women have gone underrepresented for decades. Throughout history, women have proven their mettle in every field of industry. Women are better empaths, better in crisis, better at understanding complex situations. Male leadership over the years has created a biased environment, which can only be rectified by more female leadership.

Hostile work environment

A female lawyer is expected to walk a tightrope, striking a perfect balance between work and domestic life. Existing stereotypes compound the problem with this already difficult situation. There is a harsh line between the culturally assigned gender-based roles, which ultimately impacts a woman’s career.

If the leadership or employees of a workplace create a hostile environment for a particular gender, then no number of progressive policies can help to catalyse women’s equal participation. Passive sexist behaviours, unchallenging work, and dearth of opportunities are just some of the barriers faced by women.

The 24/7 culture, especially in law firms and in law chambers, is another challenge regularly faced by women lawyers who are expected to work at odd hours, which is more difficult for them in comparison to male counterparts due to safety concerns, or for women with domestic responsibilities. Unfortunately, a lack of work/life balance and long working hours are seen as a matter of pride in the legal profession in India.

The Indian law mandates employers to provide six months of paid maternity leave to expecting and new mothers. Although this helps women raise children without added professional responsibilities, it is a double-edged sword. Firstly, absence from work for short or long stretches invites an unspoken disapproval in all businesses across the board including the legal fraternity, and may result in loss of networking, and promotion opportunities. Law firms have tended to avoid hiring female lawyers from a particular age group to avoid this loss of working hours, but that trend has lately changed and we see many law firms having a greater number of female lawyers than men. Moreover, maternity benefits are only available to women working in law firms and companies, and not to litigating lawyers associated with law chambers.

Workplace harassment

Harassment at the workplace also contributes greatly to women’s disadvantage. The legal profession has always been male dominated, and women are often seen as misfits who must prove themselves time and again to establish their worth.

This leads to exploitation and harassment by those in power which reinforces gender disparity. The Supreme Court passed a landmark judgment in the case of Vishakha & Ors v State of Rajasthan & Ors (1997), where a list of guidelines for safeguarding women in the workplace was passed.

These guidelines were then given a better legal outfit after the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Sadly, there is still hesitation from women when it comes to reporting such incidents. The victim is usually ostracised and may face a backlash from the industry. Colleagues often create an awkward environment of mistrust around a complainant. There is a pressing need to avoid such instances of victim blaming.

Gender pay gap

Litigating female lawyers face prejudice not only from their counterparts but from the legal institution itself. The lack of female washrooms, proper hygiene facilities, sanitary pad vending machines, crèche and kindergarten facilities, etc., in Indian courts and lawyers’ chamber blocks is a less talked about example of the issues faced by women lawyers. Seldom do we find bar associations and court authorities allocating resources and setting targets towards such needs. Major infrastructural changes are required to accommodate gender diversity.

The gender pay gap is an indirect penalty levied on women.Article 38(2) of the Indian Constitution strives to minimise inequalities in income among individuals and Article 39 promises equal pay for equal work for both men and women.

Yet, a vast pay gap still exists. Even though women lawyers are equally educated and trained, they are often paid less once they move up the ladder. At entry level this gap is relatively small. Some law firms provide equal pay for equal roles; however, the career growth of women is hindered by slower promotions, incentives and other benefits.

Validation from clients

As unreal as it may sound, many clients often request an opinion from male colleagues while working with female lawyers. If a male and a female lawyer enter a client meeting together, such clients usually perceive the female to be the ‘junior’ and start interacting with the male lawyer first.

Additionally, clients tend to show more trust in male lawyers. For women in the legal profession, trust from colleagues and clients comes after years of hard work, and they deal with the constant pressure of performing better, and working harder than their male counterparts.

Also, women are judged not only on their intellect, but on their demeanour, and are forced to find a balance between being perceived as not too aggressive and not too weak.

To push the boundaries of patriarchy, a major upheaval is needed with respect to the cultural expectations of women. A conscious effort has to be made to build greater gender parity—and gender equality must be embraced at all levels of an organisation.

While a lot of reformation lies in the hands of other stakeholders, to women practitioners my only advice is that perseverance and an optimistic, fearless attitude will help you in the long run. Do not be afraid to speak out for yourself or those around you, do not be afraid to challenge outdated belief-patterns. You are rewriting history; you are the representatives of female power. The world today realises the potential of women; your courage and genius cannot stay hidden in the dark. It is time for you to be a role-model for those seeking inspiration.

A different model

LexOrbis has proven itself to be a fine example of gender inclusivity. The firm, which was founded in 1997 with just five people, today has a total of 250 members (spread across three offices within India), with almost 70% of the workforce comprising women, many of whom are in leadership roles.

The firm has created a safe workplace for women, devoid of societal predispositions. Through conscious effort, an inclusive culture has been built, where no differentiation is made on the grounds of gender, religion, region, ethnicity, personal choices and physical attributes. Everyone gets to explore their full potential, irrespective of their gender. The firm’s office in Mumbai is run by an all-female workforce. I strongly believe that the internal culture and daily conduct within an organisation is the force which drives the morale, engagement and performance of employees.

There is a major thrust on safe working environments at LexOrbis, and a committee to address any harassment issue is in place which takes any such matter very seriously. The firm constantly encourages its employees, male and female, to follow strict timings, and avoid late nights and odd working hours to achieve a good work-life balance. The workforce has access to benefits such as a work from home facility, and paid maternity and paternity leave. LexOrbis has also collaborated with various industry and professional associations aimed at providing networking opportunities to women practising IP law, whether in-house or otherwise, and to discuss gender-based issues in law firms.

Manisha Singh is a partner at LexOrbis in New Delhi, India. She can be contacted at manisha@lexorbis.com