All advocates’ associations should reserve posts for women members: Karnataka High Court

The High Court of Karnataka on Monday said that all advocates’ associations across the State will have to implement the directions given by the Supreme Court to the Advocates’ Association, Bengaluru, (AAB) for reserving certain posts for women advocates while conducting elections to the association, henceforth.

“It is not only morally compelling but legally expedient for all the bar associations to generate equal right to women members qua their representation in every bar association, which will result in dismantling or taking away the associations hitherto be bastions of male or old men’s club as it is generally called… No woman should ever lament that they are half the world and they do not have even the half the chance,” the court observed.

Justice M. Nagaprasanna made these observations while disposing of a petition filed by Mohanakumar K.R. and seven other women members of the Tumakuru District Advocates’ Association (TDAA), Tumakuru. The petitioner, citing apex court’s judgment in the AAB’s case had sought reservation, of around 33% of posts, in the TDAA posts in the elections scheduled to be held on April 5.

It was pointed out to the court that there are 1,220 members of TDAA who are eligible to vote in the elections of which 990 are men and 230 are women. The petitioners had complained that they had submitted a representation to TDAA’s secretary on March 5 to provide reservation in terms of the apex court’s direction to AAB but their representation was rejected on March 17.

Though the court allowed the TDAA’s proposal to create an additional post of Joint Secretary and two posts of executive committee member to be reserved for women advocates in the ensuing elections, the court said that this move would only provide a temporary solace to the women members but the need of the hour is for a permanent solution.

The court also pointed out that as per apex court’s judgments giving equality before law and prohibition of discrimination on grounds of religion, race, caste, sex or place of birth applies to the issue of reservation for women in bar associations in the State as women members of the bar associations cannot be discriminated in the bar associations.