Supreme Court: Sarika Tyagi v Union of India Mandates Women Lawyers Facilities

• The Supreme Court has directed all State governments and High Courts to provide exclusive bar rooms and washrooms for women advocates.
• These facilities are mandated for all district, sub-divisional, and taluka courts, irrespective of the number of women lawyers practicing there.
• The directive, stemming from Sarika Tyagi v Union of India, requires compliance even if additional funds or land are needed.
• Chief Justice of India Surya Kant emphasized this as a non-negotiable duty for state authorities.
• State governments are specifically instructed to allocate necessary funds for these essential amenities.

The Chief Justice further clarified that this requirement is non-negotiable, asserting that compliance is imperative regardless of any perceived obstacles.

The Supreme Court of India recently issued a significant directive, mandating that all State governments and High Courts ensure the provision of dedicated facilities for women advocates. This order specifically calls for exclusive bar rooms, washrooms, and other fundamental amenities to be made available in all district, sub-divisional, and taluka courts across the country. The directive applies universally to any court location where women lawyers practice their profession, explicitly stating that the availability of these facilities should not be contingent on the number of women advocates present.

This crucial ruling emerged from the case of Sarika Tyagi v Union of India. A bench comprising Chief Justice of India (CJI) Surya Kant, alongside Justices Joymalya Bagchi and V Mohana, presided over the matter. Their collective decision underscores a commitment to improving the working conditions and professional environment for women within the legal system, ensuring that essential infrastructure is in place to support their practice.

During the proceedings, CJI Surya Kant articulated the Court's strong stance, emphasizing that the absence of dedicated bar rooms for women is unacceptable and met with the Court's firm disapproval. He unequivocally stated that it is an inherent duty of both the High Courts and State governments to guarantee that exclusive women's bar rooms, equipped with all necessary facilities, are established wherever women members, particularly young women, are engaged in legal practice. This directive is not merely a suggestion but a clear mandate from the highest court.

The Chief Justice further clarified that this requirement is non-negotiable, asserting that compliance is imperative regardless of any perceived obstacles. He stressed that if additional funds or land are necessary to implement these provisions, then those resources must be secured and utilized. The Court's position is that "whatever is required must be done" to fulfill this essential obligation, highlighting the priority placed on creating a supportive environment for women advocates.

Beyond the general directive, the Supreme Court's order specified that wherever women advocates practice in district, sub-divisional, and taluka courts, a separate and exclusive women's bar room must be provided. This facility is to be proportionate to their strength, and crucially, must include basic amenities such as washrooms and other essential provisions. This detailed instruction aims to ensure that the infrastructure provided is not just nominal but genuinely functional and adequate for the needs of women legal professionals.

To facilitate the implementation of this mandate, the Court explicitly directed all State governments to allocate the necessary funds. This financial provision is critical to ensuring that the directive translates into tangible improvements on the ground, rather than remaining an unfunded mandate. The ruling represents a significant step towards bolstering the legal infrastructure for women in India, addressing long-standing disparities in court facilities and promoting a more inclusive professional environment.

Women lawyers should be aware of this Supreme Court directive to advocate for the provision of exclusive bar rooms and washroom facilities in district, sub-divisional, and taluka courts. Legal professionals involved in bar associations or court administration should monitor compliance by State governments and High Courts to ensure these mandated amenities are implemented.

Source: Original reporting via legal news source