Women in Litigation: Breaking Stereotypes in Indian Courtrooms

Women in Litigation: Breaking Stereotypes in Indian Courtrooms

In India’s traditionally male-dominated legal landscape, the presence of women in litigation has been both symbolic and transformative. For decades, Indian courtrooms have echoed with the voices of male lawyers arguing fiercely, but now, an increasing number of women litigators are not only entering the courtroom—they are reshaping it.

This shift is about more than just numbers; it is about challenging deep-rooted stereotypes, asserting professional competence, and paving the way for a more inclusive justice system. In this blog post, we explore how women in litigation are breaking barriers, the challenges they face, and the path forward for a more gender-equal legal profession in India.

A Historical Glance: The Late Entry of Women into Indian Litigation

Though the legal profession in India opened up to women in the early 20th century, entry into courtroom litigation was slow and riddled with societal resistance. The first Indian woman lawyer, Cornelia Sorabji, began her career in the late 1800s but wasn’t allowed to plead in court due to colonial restrictions.

It wasn’t until 1923 that the Legal Practitioners (Women) Act allowed women to enroll as legal practitioners. Since then, many trailblazers have emerged—from Leila Seth, the first woman Chief Justice of a High Court, to Indu Malhotra and B.V. Nagarathna, who have served with distinction in the Supreme Court.

Changing the Narrative: Women as Strong Courtroom Advocates

Today, more women are choosing litigation over corporate or academic legal careers—a decision that is slowly but surely altering public and professional perceptions.

Here’s how women litigators are breaking stereotypes:

1. From Assistants to Lead Counsels

The stereotype of women as only being fit for “behind-the-scenes” legal work is being dismantled. Women now lead high-profile constitutional cases, represent clients in criminal trials, and argue complex commercial and arbitration disputes in courts across India.

2. Representation in Constitutional and Criminal Law

Traditionally considered the domain of men, criminal law and constitutional litigation are now being fearlessly navigated by women lawyers. Their growing presence in such domains reinforces the message that gender does not determine legal competence.

3. Advocates for Social Justice

Women lawyers have been at the forefront of public interest litigation (PIL) and social reform cases—from women’s reproductive rights and workplace harassment to LGBTQIA+ advocacy and custodial violence. This positions them not just as legal professionals but as agents of societal change.

Challenges Still Persist

While progress is undeniable, systemic challenges remain:

1. Gender Bias and Prejudice

Women litigators often have to work harder to be taken seriously. Subtle and overt gender bias from clients, colleagues, or even judges can affect professional confidence and opportunities.

2. Underrepresentation in Senior Roles

Despite talent and commitment, very few women are designated as senior advocates or elevated to the judiciary. This skewed representation in top ranks perpetuates the belief that litigation leadership is a “man’s role.”

3. Work-Life Imbalance

The demanding hours of litigation combined with societal expectations of women as primary caregivers place enormous pressure on women professionals. The legal system offers little flexibility or infrastructural support to accommodate parenting responsibilities.

4. Safety and Accessibility

Late court hours, long travel distances, and limited infrastructure like crèches or safe restrooms for women lawyers often make litigation a less desirable option.

The Judiciary’s Role in Supporting Women Litigators

Courts in India are slowly acknowledging these challenges:

• The Supreme Court of India has pushed for gender audits and infrastructure improvements.

• Some High Courts have started committees to examine gender sensitivity and representation.

• Virtual hearings introduced during the COVID-19 pandemic have helped women balance litigation with caregiving responsibilities.

However, much more is needed. A truly inclusive judiciary must be backed by policy reforms, inclusive practices, and visible representation at all levels.

Law Firms and Chambers: Creating Gender-Inclusive Workspaces

Legal firms and litigation chambers can also play a pivotal role by:

• Mentoring young women litigators through structured training and support.

• Ensuring equal opportunities for court appearances, client interactions, and high-stakes cases.

• Implementing gender sensitivity training and anti-discrimination policies.

• Encouraging workplace flexibility and mental health support.

Inspiring the Next Generation

The presence of successful women litigators in the courtroom serves as an inspiration to law students and aspiring advocates. Role models like Rebecca Mammen John, Menaka Guruswamy, and Karuna Nundy not only fight landmark cases but also speak openly about gender bias, equality, and reform.

These women have shifted the narrative—from “Can women handle litigation?” to “How can we ensure more women lead litigation?”

Conclusion: The Future Is Equal

Women in litigation are not asking for special treatment—they are demanding equal opportunity, fair representation, and dignity in the courtroom. Every brief argued, every judgment won, and every stereotype shattered brings India’s legal ecosystem closer to true gender equity.

As law firms, courts, and legal institutions embrace change, it's time we collectively recognize, support, and amplify the voices of women in litigation. They are not only part of the system—they are actively transforming it.