The gender paradox: Kerala's 3 sole women Senior Advocates on the barriers for women lawyers

Year after year, the State of Kerala dominates India’s gender parity indices. The State’s positive sex ratio, robust investment in women’s health and the overwhelming presence of women in education and the electorate have become staples of government narratives and popular discourse..To an outside observer, the legal landscape may appear to follow the same progressive trajectory.Kerala’s judicial history is adorned with trailblazing firsts. The State gave India its first woman judge (1937) and then High Court judge (1959) in Justice Anna Chandy. The first woman judge of the Supreme Court of India was also Kerala's own Justice Fathima Beevi, who was elevated to the top court in 1989..However, these historic milestones hide a persistent gender paradox. Despite outperforming in education, Kerala continues to experience low female labour force participation. This is reflected in the legal community as well..In recent years, more women than men have entered the legal field in Kerala. Women made up over 70% of newly enrolled lawyers and newly appointed judicial officers in the past few years. But that seems to be where it ends. Right after they enter the field, they face roadblock after roadblock, stalling the momentum of their careers. Nowhere is this clearer than in the exclusive club of advocates who have been conferred Senior Advocate designation by the High Court. In the entire history of the Kerala legal system, the senior gown has been handed to only three women- Seemandini VP, Sumathi Dandapani and Dhanya P Ashokan. Kerala is not the only State with less than a handful of women Senior Advocates practicing currently. But for a State that wastes no opportunity to boast of its pro-women initiatives to have only 3 women designated as Senior Advocates in its entire history is a paradox that calls for introspection and, hopefully, rectification. .Bar & Bench’s Giti Pratap spoke to the three Senior Advocates to understand the barriers that have kept this an exclusive club of three and the systemic shifts required to improve the State's legal landscape for good..Sumathi Dandapani and Seemandini VP were designated as Senior Advocates in 2007. They were the first women to ever have been given the distinction in the history of the Kerala High Court. For 17 years, they were the only two women Senior Advocates in what was clearly an old boys club. In 2024, Dhanya P Ashokan was designated as a Senior Advocate along with 19 men. .Ashokan said that women lawyers have two jobs - advocate and homemaker. Most men, however, are free to concentrate on their careers."A woman comes to court after taking care of her family and making sure that everyone is well fed. Post court, often she still has to attend to the responsibilities of a home alongside her court work. This is generally not the case with men. Men often are responsible only for their profession and the only obligation put upon them is to be the breadwinner of the family and dealing with finances, which again is an extension of the profession he is in," she said..The influence of marital dynamics on the careers of women lawyers is perhaps best highlighted by what Dandapani revealed. When she was given the Senior Advocate designation, so was her husband, the late KP Dandapani. They were the first married couple to be designated at the same time in all of India.When the High Court recently called for applications for senior designation, many qualified women simply did not apply. The reason? "The last time the High Court called for applications for Senior Advocate designation, many women did not apply because their husbands, who are also lawyers, had not been designated as Senior Advocates. There are so many qualified and efficient women lawyers who should be designated as Senior Advocates. I can think of many such examples," Dandapani revealed..Many women did not apply because their husbands, who are also lawyers, had not been designated as Senior Advocates.Senior Advocate Sumathi Dandapani.According to Seemandini, who is also a founding member of the All India Federation of Women Lawyers, the deep-rooted assumption that these domestic ties hinder performance is exactly what perpetuates the status quo in the legal community."There is a general impression that women cannot discharge their professional responsibilities as men because of their family responsibilities. My opinion is that such an assumption is totally baseless and incorrect. In our judicial system, somehow such an assumption is deep rooted," she said. .Ashokan suggested that these assumptions can be attributed to the fact that the legal profession has traditionally been dominated by men. "For many years, most senior positions in the bar were held by male lawyers. Women are often discouraged at the outset. Sentences like "it's difficult to stand against a male criminal lawyer", "it's difficult in this profession for women". Courtrooms and benches dominated by men, ultimately intimidate women, as a consequence of all the discouragement. Women often question their own caliber when made a victim of such comparisons, which culminate in women taking a step back," she said..She also pointed out the bias that ensues from society's instinctive qualification of a woman’s status. A man is an "advocate," but a woman is a "lady advocate". According to her, this gendered qualification hinders the professional aspirations of women in all fields, including law."The growth of a woman in the legal career commences when society recognises her profession and talent without qualifying it by her gender. The moment the society says, "there's a senior advocate who's good at handling criminal law/commercial law" instead of saying "there's a female senior advocate who...", that per se will promote the work of the advocate instead of projecting her gender first. Recognition that women are at par and not lesser than any other gender when it comes to intellectual competence is necessary to increase the participation of women," she said..These factors culminate in fewer opportunities and reduced visibility for women in the legal field."Women lawyers often get fewer opportunities to handle high-stakes cases, which reduces the visibility required for designation.The low number of women Senior Advocates in Kerala is not due to lack of talent but rather a combination of structural barriers, historical imbalance, limited opportunities and social expectations," Ashokan said..Women lawyers often get fewer opportunities to handle high-stakes cases, which reduces the visibility required for designation.Senior Advocate Dhanya P Ashokan.Seemandini also criticised what she perceives as a deep-rooted bias within the judiciary. There is a general impression among judges, who are ultimately responsible for designating Senior Advocates, that women cannot discharge professional responsibilities as effectively as men."Somehow or other, an impression has developed that only men lawyers can argue complicated questions of law. My opinion is that such an assumption is totally baseless and incorrect. The mindset of the existing judges should change," she said..The mindset of the existing judges should change.Senior Advocate Seemandini VP.Dandapani noted that the institutional path to the senior gown is arguably more difficult than the path to the Bench."Senior designation has become more difficult than selection of judges. The selection of judges requires agreement between three senior judges only. But to designate someone as a senior lawyer, the entire full court has to agree," she explained..According to the trio, the legal community can take steps to change the status quo.They said that mentoring and supporting young women lawyers and recognising their achievements will not only build their confidence, but will also inspire more women to participate and grow in the legal field. "My advice to younger women lawyers would be not to hesitate to step forward and take responsibility when opportunities arise. Seek guidance from seniors, learn from experience and stay confident in your abilities. With determination and integrity, success will follow. Believe in your abilities and do not underestimate yourself," Ashokan said. .Dandapani has hope for the younger generation of lawyers."There are very good new women lawyers. According to me, many of them can apply, and they are far better than many who have been given designation elsewhere. I hope the new generation of women lawyers apply for senior designation."