Bar associations morally bound to provide equal representation to women: Karnataka High Court

Bengaluru: The Karnataka High Court on Monday disposed of a petition filed by the members of Tumakuru District Advocates Association after it was undertaken that certain posts will be earmarked by way of reservation to women in the ensuing elections to the association. While disposing of the petition, Justice M Nagaprasanna said while the assurance amounts to some solace to the women lawyers at present, it will only be a temporary solution. “I therefore, direct that it is not only morally compelling but legally expedient for all the bar associations to generate equal right to women qua their representation in every such bar association which will result in dismantling or taking away the associations hitherto being bastions of the male or the old men’s club as it is generally called. As otherwise, no woman in the nation or in the association should ever lament that in a nation governed by the vibrant constitution, notwithstanding the fact that they are half the world, do not have even half the chance,” Justice Nagaprasanna said.

The petitioners were seeking 33% reservation for women in upcoming elections of Tumakuru District Advocates Association. At the hearing, it was assured that certain executive posts/membership will be reserved for women candidates. The judge also referred to the recent Apex Court order, wherein the post of Treasurer be exclusively earmarked for women candidates in Advocates Association in Bengaluru (AAB) and suggestion for the High-Powered Committee and the Chief Returning Officer to consider reserving at least 30% of other Governing Council posts for women lawyers.

“The direction of the Apex Court qua Bangalore Bar Association should be implemented by the bar associations of the benches at Dharwad and Kalaburagi or every other bar association that is now wanting to conduct elections to the office bearers. The petitioners herein are projecting their right under Articles 14 and 15 of the Constitution of India which is elucidated in elaboration by the Apex Court. Article 14 which directs equality to be maintained and Article 15 which prohibits any gender discrimination would completely become applicable to the facts of the case at hand,” the court said.