Even in a field fraught with discrimination and gate-keeping, there is still hope
For a greater part of the last century, common career choices for most sub-continental women would either be a highly respected government job, the medical practice, a stable bank job, or a well-paid position at a private company. It was almost considered a taboo for women to become lawyers or judges, the field being viable for males only. A woman’s presence within the court area would be limited to cases involving them.
But times have changed, and girls of today are considering a legal practice as one of their career paths. From Cornelia Sorabji getting enrolled as the first ever female lawyer of British India in 1921 to today, women within the sub-continent have voluntarily chosen to pursue a legal practice purely out of choice and interest in legal education. The impact of Sorabji’s boldness is seen even today as young, fearless, and ambitious women lawyers of Bangladesh fight their way amidst hurdles to establish rule of law in the country.
In Bangladesh, Salma Sobhan paved the way for women to enter the profession. Ms Sobhan was the first Bangladeshi (the then first East-Pakistani) woman barrister to be called to the English bar in 1959 at the age of 21. She practised for a brief period and later went on to form the leading human rights organization Ain O Shalish Kendra.
Dr Rabia Bhuiyan, another historic name in the profession, joined the district bar in 1967 and the High Court Bar in 1969. She is the first Barrister of independent Bangladesh. She is currently a Senior Advocate of the Supreme Court of Bangladesh and has made great contributions in developing laws to stop violence against women.
Later, in the year 2000, Justice Nazmun Ara Sultana was appointed as the first Lady Judge in the High Court Division of the Supreme Court of Bangladesh. Justice Sultana was also the first lady justice ever to be appointed in the Appellate Division of the Supreme Court of Bangladesh in 2011. At present, there are seven women judges in the High Court Division: Justice Salma Masud Chowdhury, Justice Farah Mahbub, Justice Naima Haider, Justice Krishna Debnath, Justice Kashefa Hussain, Justice Fatema Najib, and Justice Kazi Zinat Hoque.
In recent times, the bar has been made proud by some change-makers who are mostly young women. These women are nothing less than superheroes in our legal system who save the day wearing black robes as capes.
How the new generation of female lawyers are shaping the future
Barrister Rashna Imam, an advocate of the Supreme Court of Bangladesh and an awardee of the prestigious Asia 21 Young Leader of 2018, filed several landmark public interest litigation (PIL) lawsuits with the court that has critical public importance. Among her notable works, she conducted a PIL for the establishment of a legal framework for emergency medical services for road accident victims.
She filed another PIL on behalf of Bangladesh Legal Aid and Services Trust (BLAST) for the formulation of guidelines in the prevention of unnecessary c-sections and worked on a case that led to the judgement directing reform of the Human Organ Transplantation Act 1999.
Another young Supreme Court lawyer, Advocate Ishrat Hasan, fights for women and children. She has filed multiple pro bono writ petitions in the Supreme Court of Bangladesh on different issues affecting women and children. She filed a writ to establish dedicated breast-feeding areas and infant care corners in both public places and workplaces. The court ruled in her favour and allowed nursing mothers to be provided with rooms to feed their babies.
In 2020, she filed another writ with the High Court seeking its directive on the authorities concerned to prohibit the gender detection of unborn babies, in order to ensure protection of the babies and pregnant mothers. In the same year she filed another writ seeking directive from the court to stop unruly mob lynchings, to which the HC issued five directives in order to prevent such incidents from further occurring. Hasan was awarded the prestigious 2020 IBA Pro Bono Award for her endeavours.
These are just two examples of how women are achieving great heights with their own merit. They are behind some of the landmark judgments shaping the future of the country. Yet, women representation in the bar and bench combined is few and far between. As surprising as it may sound, the ones who strive to establish female rights in the country are also subjected to such inequality and stigma.
Endless hurdles
Just like any other profession, gender inequality is also felt in the corridors of our courts. From lack of diversity to male privilege when it comes to clients looking for professional services, women have to struggle through it all.
Although several women have been appointed as judges of the lower and higher judiciary, no Bangladeshi woman has ever become the chief justice of the country, appointed as the attorney general or the law minister. Only a handful of women lawyers become equity partners in big shot law firms.
According to a study titled “Women in Justice” conducted by BLAST in association with USAID, 30% of all legal academics are women, which is still better than the 10% actively working in the legal profession. Among the judges, the number of women make up only 35% of the entire judiciary of the country.
In another study conducted by the same, creatively titled “Participation of Women in Establishing their Rights” (PoWER), about 114 female legal professionals were interviewed who shared their experiences in the court. The study revealed that local courts are unfriendly to female lawyers and many of them were even victims of sexual harassment. However, this is contradictory to the established laws of the country.
Article 28 of the Bangladesh Legal Practitioner’s and Bar Council Order 1972 specifically states “no woman shall be disqualified for admission to be an advocate for reason only of her sex.” Our Constitution prohibits all kinds of discrimination, including gender-based. It ensures equal rights for both men and women.
The government, led by a woman, should ensure the appropriate setting to erase gender bias in the courts. Lack of basic facilities should be the last thing that hinders their ambitions. A kind attention by the government is all that they need for them to be more productive at their workplace.
While Women pursuing law careers in the country is at an all-time high, the disparity in the male-female ratio in the bar and the bench is significant. Women lawyers are missing from the top ranks starting from law firms to the state’s law ministry. The spirit of women pursuing legal careers is died down by lack of diversification in the legal field. But, despite the social, professional, and ideological hurdles, women clad in the iconic black gowns and collar bands are breaking all conventions and facing it head on to change the society once and for all.
As their fight goes on for equal representation in courts, women lawyers of Bangladesh are showing us the way to a just society. The future of the country looks promising with their actions. They are setting benchmarks not only for their male counterparts but every young girl dreaming to become like them one day.
Aiman R Khan is a Barrister and Associate Advocate at Rahman Law Associates & Company
Collected from Dhaka Tribune
