Delhi HC judge recuses from hearing plea seeking direction for SCBA to call GBM
Feb 21, 2024
New Delhi [India], February 21 : The Delhi High Court judge on Wednesday recused from hearing a plea of a woman lawyer for a direction to the Supreme Court Bar Association (SCBA) to convene a General Body Meeting (GBM) to consider an amendment in Rules and Regulations to ensure two positions of member executive committee for woman lawyers.
Justice Subramonium Prasad recused from hearing the petition moved by advocate Yogmaya G. The petition is listed for hearing before another bench on February 26.
The judge recused from the matter as he was a member of SCBA.
She has moved a petition through advocates Bineesh K, Nandana Menon and Anjitha Santosh. The petitioner is an SCBA member who contested the Bar Council Election in 2023 for the post of member executive committee but she lost.
It is stated that 11 women lawyers contested for this post but none was elected. She sent a representation to the Chief Justice of India and President of SCBA.
She had requested that a General Body Meeting (GBM) be called to amend the rules to ensure that at least two Positions are for women lawyers.
Now she has sought intervention from the High Court directing the SCBA to convene a General Body Meeting (GBM) to amend the rules of the SCBA.
It is stated by the petitioner that Gender equality is a constitutional goal, and recent amendments, such as the Constitutional (One Hundred Twenty-Eighth Amendment) Act, 2023, aim to allocate 33 per cent of seats for women in the Lok Sabha and State assemblies.
The 73rd and 74th Constitutional Amendments in 1993 reserved 33 per cent of seats for women in local self-government bodies. Many states, including Maharashtra, Andhra Pradesh, Bihar, Chhattisgarh, Jharkhand, and Kerala, legally ensure 50 per cent reservation for women in local bodies. Article 243D (3) and (4) of the Indian Constitution mandate at least one-third reservation for women in seats filled by direct election and one-third of the chairperson positions in Panchayati Raj Institutions, the plea stated.
Additionally, Article 243ZJ (1) stipulates that state legislatures must legislate to reserve two seats for women on the boards of every cooperative society with individual members, it added.
It is also stated that Constitutional provisions, like Article 14 ensuring the Right to Equality, Article 39(d) safeguards women's economic rights by ensuring equal pay for equal work, while Article 42 enables the state to establish just and humane working conditions, including maternity relief.
