SC Calls for Better Facilities for Women Lawyers, Proposes Aid Fund for Young Advocates

SC Calls for Better Facilities for Women Lawyers, Proposes Aid Fund for Young Advocates

The Supreme Court on Friday took note of the inadequate infrastructure available for women lawyers across courts in the country and suggested the creation of a dedicated financial assistance fund to support young advocates in the initial years of their legal careers.

A Bench comprising Justice Surya Kant and Justice V Mohana was hearing a petition filed by a group of women advocates from different courts, raising concerns about accessibility, inclusiveness and the long-term sustainability of women's participation in the legal profession.

The petition highlighted the absence of properly equipped Bar rooms for women lawyers and other essential facilities in courts, tribunals and commissions. It also proposed the establishment of a Young Advocates Corpus Fund, to be managed by State Bar Councils, for providing monthly stipends to lawyers entering the profession.

The plea was supported by a survey conducted through a questionnaire titled “Form for Basic Provisions and Amenities” and physical inspections of several court complexes. According to the findings, many courts either lacked dedicated ladies' Bar rooms or offered inadequate facilities, including poor seating arrangements, insufficient washrooms, and the absence of changing rooms and nursing spaces.

The Court observed that these shortcomings could not be dismissed as issues of convenience. It said that while women have entered the legal profession in larger numbers over the years, true inclusion requires an environment that enables them to work effectively, safely and on equal footing.

The Bench noted that such facilities have a direct connection with the right to live and work with dignity under Article 21 of the Constitution, emphasising that the right to life has consistently been interpreted broadly to include conditions necessary for a dignified existence.

Addressing the financial struggles faced by young lawyers, the Court observed that the issue transcends gender. It said first-generation advocates often begin their careers without access to office infrastructure, legal resources, an established client base or stable income, and many survive on modest stipends paid by senior lawyers.

The Bench cautioned that prolonged financial hardship forces many talented young lawyers to leave the profession, resulting in a “brain drain” that weakens the legal system, particularly affecting first-generation and economically disadvantaged practitioners.

To address this, the Court suggested creating a Young Lawyers' Professional Assistance Fund, to be administered either by the concerned High Courts or an independent body constituted by the Union and State governments.

The Bench further proposed that the fund could be financed through structured contributions from successful senior advocates, a portion of court fees and a share of costs imposed in judicial proceedings. It also suggested offering incentives such as tax benefits and national awards to encourage contributions.

Under the proposed model, eligible first-generation and economically weaker young advocates would receive monthly stipends while working as associates under senior lawyers. The Court said such assistance should adequately cover basic expenses for the first three years of practice, taper off gradually and conclude after six to seven years, by which time advocates are expected to become financially independent.

It also suggested exploring a repayment mechanism through phased instalments to create a self-sustaining fund for future generations of lawyers.

The Court clarified that these observations were preliminary and intended only to facilitate discussion, without limiting other possible solutions.

Notice was issued to all respondents, and the Court requested the Attorney General for India, along with the Advocates General of all States and Standing Counsel for Union Territories, to assist in the matter.

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