The Casual Misogyny Women Lawyers Face In India Is Shameful

​I work in an environment that is predominantly male – the legal fraternity. Law firms, chambers of senior advocates and legal teams of companies see an influx of female lawyers fresh out of college, but as we climb the ladder we drop out of the race or are unfortunately not promoted at all.

I guess that’s why there are only three female judges currently in the Apex Court and no woman Chief Justice since India became a republic in 1950. Apart from the glass ceiling which still needs to be shattered in this profession (let’s face it, it’s there and strong; how many top female lawyers in India do we know apart from Indira Jaisingh, Zia Mody and Pallavi Shroff?) There is also casual sexism which young female lawyers face day to day and pass-off with a smile (read uncomfortable) in order to be able to work.

Here are a few things amongst the many we face daily that need to stop:

1. Compliment-shompliment

In light of the #MeToo movement, there has arisen a misconception that men now need to be ultra-careful while talking to a woman. A former colleague of mine once told me I looked pretty when I wore a bindi. He said he was actually scared to pay me this compliment because he thought I will sue him for sexual harassment! All I could do was laugh and think how wrongly this movement has been perceived by men. Are we amenable to compliments? Of course! Who isn’t? Are we open to compliments every time we dress nice or smell nice or make an effort to do well at work? No, because that is just creepy unsolicited behavior which makes us uncomfortable. Are we open to creepy comments dressed up as compliments from complete strangers? No. Some compliments have to be kept to oneself at the workplace.

2. “I   was just   joking!”

Male lawyer – “Have you seen that judgment?”

Female lawyer – “Yes I did. Why what happened?”

ML – “Don’t you think it was not making any sense?”

FL – “Umm.”

ML – “You know why it wasn’t making any sense? Because it was written by a lady judge. You women create unnecessary problems!” (laughingly).

FL – “Oh! And you think male judges write flawless judgments?”

ML – (laughs) “I was just joking! Take it easy.”

This is a sexist remark. To cover up for a sexist remark, many perpetrators often take the easiest route out — “it was only a joke” — in the process also gaslighting women for imagining an insult when there is none. Why are we categorizing women as incomprehensible or illogical or simply dumb?  Women, especially at the workplace are held to a far greater standard of professionalism than men and are also scrutinized far more.

Trying to pass-off a sexist remark as a joke is simply unacceptable and creates an uncomfortable work environment. Sexist remarks are the biggest dampeners for a woman’s career. Casually sexist remarks in office, client meetings, and events dissuade women from pursuing their careers with equal vigor as their male colleagues.

3. “Shush, you know nothing, woman”

Last but definitely not the least, telling a woman employee to keep quiet or explaining to her condescendingly something she already knows — aka mansplaining — is a big NO. This behavior is so prevalent that the word ‘mansplaining’ was added to the Oxford English Dictionary in 2018. Don’t assume your female colleague doesn’t know what she is talking about even if she chooses to remain silent on an issue.

I was arguing once in court and the male advocate opposing me, while I was explaining my point to the judges raised his hand to shush me mid-arguments as if I had no right to explain my client’s case. I have seen this behavior is carried out in various forms in corporate set-ups as well, from asking the female employee to not speak so much to condescendingly smiling at her suggestion as if it was the funniest thing on earth to ignoring her point of view — we lawyers experience all of this all the time.

In accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the term ‘sexual harassment’ has been defined under Section 2(n) to include, inter alia, “any other unwelcome physical, verbal or non-verbal conduct of sexual nature.”

Instances set out above are only a few of the examples of unacceptable and inappropriate behavior at workplaces which constitute unwelcome verbal conduct, which not only leads to demotivation but also can snowball into stress and eventually resignation unless the aggrieved woman decides to put an end to this sexist behavior under the laws available for her protection. In order to be a conducive and healthy work environment, all genders deserve equal respect and dignity.

About the author: Suruchi Kumar is a Labour Law practitioner and works as a consultant with Ungender Legal Advisory