Over 100 women lawyers, including young mothers and main caregivers, have requested Chief Justice of India (CJI) NV Ramana to continue with virtual or hybrid hearings on all days at the Supreme Court. They said that it will not only help them but other lawyers too who due to health or other responsibilities cannot attend physical court hearings.
In a letter to CJI dated November 12, the lawyers stressed the importance of taking forward the “gains that have been made during the pandemic” due to the digital revolution in courts.
The letter has been signed by 103 women including senior advocates Indira Jaising, Geeta Luthra, and Pinky Anand. “…the sudden digital revolution in the courts proved to be a blessing in disguise for a large cross-section of regular Bar, especially women lawyers, young lawyers, and elderly lawyers. Digitally equipped courts became more equal for women lawyers, more so, for women with care-giving responsibilities in the family, pregnant women and mothers having children of tender age as also those who have to tend to elderly parents,” the letter said.
“Not only could they (women) avoid the risk of exposing themselves and their babies to the risk of the pandemic but also managed to continue their active practice from the safety of their homes.”
Supreme Court advocate Ruchira Goel, who is standing counsel for the Uttar Pradesh government and a young mother, said that she was back to work within three weeks after giving birth to her firstborn in August this year.
“I was working till the last day of my pregnancy. This was possible only because of the hybrid/virtual hearing option,” said Goel.
She said that she is able to manage work, which is very demanding and takes care of her baby only because of the virtual hearing option.
The Supreme Court resumed physical hearings, on a limited scale, after 19 months on October 21. Currently, virtual/hybrid hearings are scheduled on Tuesday.
“We want the option of attending hearings virtually should be allowed on all days. This option (virtual hearing) will help not only women with kids but also other lawyers who have elderly parents or are not able to come to court due to other personal reasons,” said Goel.
Advocate Priya Sharma, who has been practicing for eight years, said that this mode of hearing has made it easier for her to take care of her elderly parents and continue with her work. “We just want this to be an option available to lawyers. It is a lot more convenient,” said Sharma.
Chitrangda Rastravara, another lawyer and mother of a one-year-old boy, started the discussion about this among women lawyers after the apex court resumed physical hearing.
Rastravara, who has a one-year-old son, said that women lawyers have been facing problems while balancing between their professional and personal lives. But as such a set-up was not in place, women lawyers had to make a tough choice either to take a break from the profession for some time or continue with it. “Thinking about such a setup was a far-fetched dream then. But now, when we have invested huge amounts of resources in putting in place such a set-up, which is working efficiently, why do it away?”
She said that it took her less than a week to get 100 plus women lawyers, including some senior lawyers, to sign the letter. “The court has been planning to have such a system in place for a long time, especially for criminal cases.”
Luthra said virtual hearings will not only help women lawyers, especially those who have children and other family responsibilities but will also help all lawyers as they can attend matters, which do not necessarily need a physical presence, online. “Women lawyers who maybe would have been out of the workspace during the Covid period, as there were no creches and other supporting infrastructure, continued to work as the hearings were held virtually,” said Luthra.
She added now infrastructure for virtual hearing is in place. “There are various challenges which have to be addressed, but we cannot get rid of the system when so much effort has gone into putting in place the infrastructure. It will help in reducing the footfall in courts. It will reduce vehicular traffic.”