The hidden crisis: Sexual harassment in India’s legal profession

The Indian legal profession frequently receives accolades as a keeper of justice, equality and fairness. Still, there is a deep-rooted, dark side to this prestigious business: it is a male-dominated field where young women are systematically sexually harassed - a fact that is not much of a surprise to anyone who has practised law in India.

Though it may seem hard to reconcile the two ideas, the space of the courtroom is also the breeding ground for predatory behaviour. This unwritten rule makes the profession that much more inaccessible to women. Sexual harassment is the "hidden dirty secret" of the legal profession, according to Indira Jaising, a prominent lawyer and the first woman to serve as Deputy Attorney General of India.

Jaising has directly experienced the appalling behaviour directed towards women in the exalted chambers of the Supreme Court. Her own first-hand story, coupled with those of many other female lawyers and judges who have suffered similar fates, serves as a potent reminder that at the heart of our nation's highest court, women are not safe from the kind of predatory behaviour that is all too common in many societies around the world.

We want to think that the courtroom and the chambers of the judges are places where justice is rendered and that the behaviour of all who work within these sacred spaces is governed by the highest standards. The Supreme Court is the jewel in the crown of our nation's governance. Women should feel free to work within its shiny, protective walls and not fear that there are phoenixes among them who will ensnare them in a web of sexual predation.

This problem has its origins in the legal profession's institutional weaknesses, particularly in its reporting mechanisms, which are not nearly as robust as they ought to be to instil confidence among reporting parties. A profession that is rather unsupportive of mothers will also largely be a profession that is asking its members to work in a rather repressive and secretive culture.

Young associates and interns who have recently begun their careers in law are particularly susceptible to the predatory advances of their superiors in areas that should be their bastions of confidence and empowerment. And when young women in law are forced to navigate the male-dominated minefield of sexual harassment, it robs the industry - both now and in the future - of the diverse perspectives and problem-solving capabilities that are essential to its integrity and growth.

Over the past few years, there have been limited attempts to tackle the crisis. The Supreme Court in 2021 banned a clerk found guilty of sexual harassment from the court for three months. Unfortunately, this alone does not do nearly enough to guarantee the safety of women in such a vulnerable profession. What we need, first and foremost, is a concerted effort by the legal industry to stop this ridiculous, pervasive problem in its tracks.

The first step is to put in place undemanding pathways for reporting. The second is a strong system of support for those choosing to use these pathways. These pathways and support systems should be the norm across all work sectors, not just the legal field. And accountability - zero tolerance for this kind of behaviour at every level. Our institutions have a long way to go before they reach that state.

Now is the moment to illuminate the insidious problem that darkens the Indian legal profession. Young lawyers and legal interns have the right to feel empowered, respected and safe as they pursue their dreams of working in the judiciary. There have been some attempts to address sexual harassment in India’s legal profession, but an overhaul of the legal system is necessary for lasting change to occur. The key facet of this overhaul is creating a strong, enforceable framework that runs through the entire legal system. While the Supreme Court has taken some steps, these reforms are too isolated to make a real impact.

The legal profession requires comprehensive, sector-wide regulations akin to the Prevention of Sexual Harassment at the Workplace (POSH) Act that governs corporate India. Unfortunately, although some courts have made the first step of establishing internal complaints committees (ICCs), these bodies usually lack the independence and transparency necessary for them to serve effectively.

Creating a less biased, third-party organisation to look into harassment accusations would make the system more accountable and encourage more victims of sexual harassment to come forward. We should also do a better job of normalising the conversation about sexual harassment inside our legal institutions. One way to do this is by making it mandatory for all legal professionals, from clerks to judges, to undergo gender-sensitivity training that is about more than just harassment prevention.

Programs for mentoring by experienced women lawyers could serve as a protective layer for junior women lawyers. These programs could counterbalance some of the issues posed by the first dysfunctional protective layer - the lack of police protection. For the Indian legal profession to truly uphold justice, it must, first and foremost, address the injustices within its ranks.

Farhat Riyaz is a final year law student at University of Kashmir.