A REPORT BASED ON THE STUDYCONDUCTED IN DELHI, MUMBAI, AND BANGALORE AMONG WORKINGMOTHERS IN THE LEGAL PROFESSION
This report may be cited as:
Makhija and Raha, Gender Diversi! in the Indian Legal Sector, Rainmaker, 2012.
SONAL MAKHIJA AND SWAGATA RAHA
CHALLENGES FACED BY INDIANWOMEN LEGAL PROFESSIONALS
CONTENTS
Introduction 1
Methodology 4
1. Profile of respondents 6
1.1 Respondents across sectors and cities 7
1.2 Age profile and work experience 8
1.3 Educational qualifications and annual
income 11
1.4 Number and age of children 13
Personal history - Anju Jain Kumar 14
Personal history - Priyanka Roy 17
2. Women at work 19
2.1 Factors that influence employment 20
2.2 Work hours 23
2.3 Reduced hours and part-time work 26
2.4 Carrying work home and working on
weekends 28
2.5 Flexibili! at work 30
2.6 Work-life balance 33
2.7 Sabbaticals and their repercussions 38
2.8 Mentorship 40
2.9 Is the legal workspace gendered? 41
Personal history - Haripriya Padmanabhan 48
Personal history - Jayana Kothari 51
3. Materni! benefit policies and the impact
of motherhood on the career 53
3.1 Impact of pregnancy on career 54
3.2 Parental leave policies 57
3.3 Extension of materni! leave 60
3.4 Break a"er materni! leave 61
3.5 Resumption of work 62
3.6 Transition from materni! to work 64
3.7 Impact of motherhood on career 70
Personal history - Liz Mathew 73
Personal history - Madhurima Mukherjee 75
Personal history - Kosturi Ghosh 77
4. Assessment of employers 80
4.1 Is your employer empathetic towards the
needs of working parent? 82
4.2 How would you rate the measures adopted
by your employer to promote flexibili!
and encourage work-life balance? 83
4.3 How would you rate the childcare
assistance (if any) o#ered by your
employer? 86
4.4 How would you rate the diversi!
programmes (if any) o#ered by your
employer? 87
5. Concluding observations and
recommendations 88
5.1 Duration of paternal leave 90
5.2 Factors that can help change negative
perceptions towards working mothers 92
5.3 Factors that can make the transition of
women from materni! to the work force
easy 94
5.4 Measures that can be adopted by
employers to make the environment
conducive for working mothers and to
promote work-life balance 96
5.5 Factors that would make courtrooms
conducive for women in litigation 101
Acknowledgements 105
About the authors 106
About Rainmaker 107
INTRODUCTION
In the last decade, the Indian legal sector has emerged as a competitive and rapidly growing business sector. India has witnessed substantial growth in the demand for legal services a"er Liberalisation. The eagerness of foreign lawyers to enter the Indian legal market is a validation of this growing demand for legal professionals, considering, India is a market that remains closed to foreign lawyers.
Nonetheless, small Indian law firms headed by young lawyers, are sprouting in metros on a regular basis. Despite this growth, the corporate legal sector in India is still considered small in comparison to its more robust and large counterpart - litigation. The image of a lawyer in India, according to Professor Marc Galanter, conjures up a courtroom lawyer as opposed to a business adviser.1 Yet, one would agree that
this observation sits uncomfortably today with the growth of full-service law firms in metropolitan cities and the se$ing up of full-service legal departments in large companies.
The education sector has witnessed the most significant impact of the growth of the Indian legal market. There has been a surge in the establishment of law schools empowered to award the five-year integrated B.A., B.B.A., or B. Sc., Ll.B (Honours) degrees. The number of women and men graduating from premier National Law Universities have almost equalled over the past decade. Ideally, more women graduating from law schools should translate into more women partners, more women designated as senior advocates, and more women leading in-house legal departments. .
The reali!, however, could not be further from this.
Gender Diversi! Benchmark for Asia 2011, a report by Communi! Business, mapped the presence of women at junior, middle, and senior levels of twen!-one companies in China, Hong Kong, India, Japan, Malaysia, and Singapore. according to the report, India is the worst performer when it comes to female employment from junior to mid-level and the “greatest leak takes place between junior and middle level positions.” 2 India also has the lowest percentage of women in the workforce as compared to other countries.3 The authors of the report observed that Indian women “raised the subject of personal sacrifice (in terms of having children) in the quest for success” 4 and that “[w]ith fewer women making it from junior
1 M., Galanter (1969), “Introduction: The Study of the Indian Legal Profession”, 3 LAW &SOC’Y REV 201, 202 (1968-69), Universi! of Chicago [Online] at h$p://marcgalanter.net/Documents/lawyersandlawfirms.htm. We realise that the growth of law firms in India is restricted to metropolitan cities, and does not necessarily hold true for towns and districts.2 Communi! Business, Gender Diversi! Benchmark for Asia, 2011, p. 5 h$p://www.communi!business.org/images/cb/publications/2011/GDBM_2011.pdf 3 Id at p.13.4 Supra n.2 at p.6. 1
to middle levels, the pool of women able to move to senior level positions is that much smaller and therefore the problem of the leaking pipeline is actually more severe.” 5 While the report pertains to the presence of women in select companies, their findings and observations explain why women are invisible in managerial positions.
In 1921, the Allahabad High Court enrolled Ms. Cornelia Sorabji and thus paved the way for women’s entry into the legal profession.6 More than eight decades later, of the 397 advocates designated as Senior Advocates in the Supreme Court since 1962, only five are women and of the 1872 Advocates-on-Record, only 239 are women. The overwhelming visual, that greets one in courts across the country, is that of over-hurried, black-robed male lawyers. Not surprisingly then, India appointed its first woman Additional Solicitor General as recently
as 2009. Besides, women in litigation have fewer support measures such as materni! benefits and materni! leave.
Men still hold most of the top positions in the legal sector of the country. The narrative of success in law follows the professional trajectory of an ideal male lawyer. Women rarely find a mention in Indian media’s lists of legal superstars. The coverage of women lawyers is primarily focussed on women who have, against all odds, broken through the glass ceiling.
While there are more women employed in the world, they still grapple with a working environment tailored around men and women’s traditional social responsibilities. Such an approach fails to recognise that most employees would like to achieve a work-life balance that would help them straddle family
and career. Inflexibili! at the workplace could compel talented women to opt out or slow down and could also perpetuate the gender stereo!pe that women are primarily responsible for childcare. Under the garb of gender-neutral policies, women are expected to work the same number of hours as their male counterparts and not seek any “licence or liber!” because of their children. They are expected to fit within the mould of the ideal worker - inevitably a man, “living the traditionally masculine biography of a breadwinner married to a homemaker.”7 The ‘maternal wall’ is a less-spoken-about bias that most women face.
According to the International Labour Organization, as “joint breadwinning becomes the norm, discrimination in employment on the basis of actual or potential materni! has implications for the whole socie!.”8 This is an
5 Id at p.16.6 Ramo Devi Gupta, “Advent of Women in the Profession of Law”, at h$p://www.allahabadhighcourt.in/event/AdventOfWomenInTheProfessionMrsRDGupta.html; Justice A.D.Mane [Retd.], “Women’s Place at the Bar”, at h$p://mshrc.maharashtra.gov.in/Speech/upload/file%2051.pdf7 Joan C. Williams, Jessica Manwell, Stephanie Bornstein, “Opt Out” or Pushed Out? : How the Press Covers Work/Family Conflict – The Untold Story of why Women leave the Workforce, p. 8, The Center for Work Life Law, Universi! of California, Hastings College of the Law, 2006.8 International Labour Conference Eigh!-seventh Session 1999, Report V(1) Materni! protection at work, Revision of the Materni! Protection Convention (Revised), 1952 (No. 103), and Recommendation, 1952 (No. 95) h$p://www.ilo.org/public/english/standards/relm/ilc/ilc87/rep-v-1.htm
2
area that cannot be ignored as the “number of women working throughout their child-bearing is escalating...”9
We undertook this study to understand why such few women lawyers get to the top. Do they have to pay a motherhood penal!? In what way does motherhood impact a woman’s career? What makes women lawyers stay? Do women who opt out or take a break do so out of choice or because of the inflexibilities at work? What feasible measures can organisations adopt to retain talented women lawyers and also make the workspace more conducive for all?
We believe this is the first study in India that interrogates the presence of women lawyers in law firms, companies, and in litigation practice, with a view to understand the pressures that
women face, and the changes required to make the workplace responsive to their needs. We examine the narratives of women who continue in the paid legal workforce. The study also examines flexible work policies, economic incentives, and employer-created support structures that help retain women in the profession or lure them back into the profession.
Some of the other questions we respond to are: How will the profession evolve to assimilate women, as opposed to, accommodate them? Should the profession alter its expectations and methods of evaluation? What would it take for an equivalent number of women to fill the leadership positions?
Based on the responses and recommendations of women lawyers, the report delineates the
best practices that can help law firms, companies, and other employers retain talented women lawyers. We hope that the recommendations in this report will be carefully considered by employers, managements, and the Bar Council of India, and will prompt them to develop positive measures and work practices to make the work place conducive for women lawyers. |
9 Id
3
METHODOLOGY
This report is based on the research we conducted between February, 2011 and October, 2011.
For the purpose of the study, we employed an online survey method. The objective was to collect comprehensive data on the experiences and working conditions of women lawyers who had children. We contacted women lawyers who were working and women lawyers who were on a break. In addition to the women engaged in ‘mainstream law practice’, we also surveyed women lawyers in the academia and the non-profit sector. The respondents belonged to varied hierarchal positions: from partners and associates in law firms, in-house legal personnel in the corporate sector, and women in private practice or assisting senior lawyers.
The respondents were selected at random. All respondents fulfilled the professional criteria of
being qualified lawyers who work or have previously worked as lawyers. The survey specifically focused on women who have children. The study was confined to women lawyers who were mothers because women lawyers tend to opt out of the paid legal workforce or slow down a"er the birth of a child.
Three di#erent questionnaires were drawn up for the purpose of data collection –
working in law firms, companies, and government;
working in N.G.O.s and academic institutions; and
These questionnaires captured information relating to women’s work experience; the nature of work and their positions; work hours
and flexibili!; the available childcare options; and the factors that influence their decision to join an organisation, such as work-life balance, remuneration, and other policies that serve as incentives. Additionally, the questionnaires captured the barriers or biases that women lawyers faced in the profession.
This included asking the respondents to rate their workplaces on various parameters, such as, policies that encouraged work-life balance and measures that encouraged women to continue working, like favourable policies towards parenting. We also asked them to recommend measures employers should adopt to improve work-life balance, and make the workplace conducive for all.
We contacted 150 women lawyers for the study. Of the 150, 81 women lawyers completed the survey. The survey was
4
administered online to women lawyers in New Delhi, Mumbai, and Bangalore. All questionnaires were in the English language.
Since we had limited access to women in litigation, we made visits to the Delhi High Court, the Karnataka High Court, and the Bangalore Ci! Civil Court to reach out to them. At least eight women of the 150 were unwilling to participate in the study, citing discomfort in disclosing personal information, the fear of being identified in the study, and the length of the questionnaire as reasons for refusal. All eight women belonged to law firms. Women in law firms, in comparison to women in litigation and those employed by companies, were more reluctant to participate in the study.
We encountered di%culties in reaching out to women in N.G.O.s and academic institutions, as there were few women that fit our criteria.
The survey focused on women between the ages of thir! and for!. The average age of respondents was thir!-four years. The women
lawyers belonged to 19 di"erent companies and 16 di"erent law firms. The women in litigation practiced in the High Courts of Bombay, Karnataka, and Delhi; the civil courts; and the family courts of the respective cities.
In addition to these women lawyers, we also approached the partners at twen! law firms and the heads of the Human Resources departments at twen! companies seeking data on the number of female partners and associates, the policies on materni! leave, sexual harassment, and work-life balance for lawyers. They were given the option of responding anonymously. We received responses from only two law firms and one company.
Trilegal and J. Sagar Associates were the law firms who responded. Among companies, HSBC Securities and Capital Markets (India) Private Limited alone responded. We have, however, not included the data shared by the firms and the company in this report due to the inadequate number of responses we received
from the employers. The purpose of contacting employers was to present their perspective.
We have refrained from arriving at accurate inferences on the sector based on the data. The analysis should be read merely as directional indications. Nonetheless, an aggregate analysis of all three sectors depicts the overall status of the legal system. |
5
1. PROFILE OF RESPONDENTS
6
RESPONDENTS ACROSS SECTORS
81 women lawyers completed comprehensive online questionnaires that sought information on their employment history, the work-life policies in their organisations, materni! policies, the impact of motherhood on their careers, and an assessment of their employer’s policies and working conditions. Women lawyers across three cities – Bangalore, New Delhi, and Mumbai, and five sectors – law firms, companies, litigation, N.G.O.s, international organisations, academic institutions, and the government, participated in this study.
Women across three cities
36.6%BANGALORE
48.8%NEW DELHI
9.8%MUMBAI
10% of the women were on a break at the time of participating in the study – four women from law firms, three women from companies, and one woman in litigation were not working at the time of the study.
We received considerably fewer responses from Mumbai in comparison to the other two cities. We have therefore not analysed the data ci!-wise. The majori! of our respondents were engaged in litigation practice, followed by law firms, and companies. Women from N.G.O.s and academia were few.
10% of the respondents surveyed switched segments a"er the birth of their first child. This included women working in law firms who shi"ed to companies, and women in litigation who joined law firms, companies, and the government.
29.2% Law firms (24 women from 16 law firms)
26.8% Companies (21 women from 19 companies)
35% Litigation (29 women)
6% N.G.O.s, international organisations, and academic institutions (5 women)
2.4% Government (2 women)
1.1 RESPONDENTS ACROSS SECTORS AND CITIES
7
RESPONDENT’S AGE PROFILE
The majori! of our respondents, that is, 63 of them, were between the ages of thir! and thir!-nine years. Further, more women in this age bracket had children who require close parental a$ention - which is possibly the reason why women's careers chart a di#erent trajectory to those of men in their thirties.
9.9% 25-29 years
50.6% 30-34 years
27.2% 35-39 years
7.4% 40-44 years
2.5% 45-49 years
2.5% 50-55 years
YEARS OF WORK EXPERIENCE
Most respondents had taken a break of a few months to a few years during their careers to fulfil their familial obligations - a feature that would be absent in men's careers if one were to follow their career paths.
7.4% Below 5 years
59.3% 5-10 years
22.2% 11-15 years
7.4% 16-20 years
3.7% Above 20 years
1.2 AGE PROFILE AND WORK EXPERIENCE
8
POSITION OF RESPONDENTS INLAW FIRMS
Most law firms follow a hierarchical structure where 'Associate' is the starting position and 'Equi! partner' is the highest.
Approximately 58%, that is, 14 women in law firms said that they were involved in business development. Business development in law firms !pically entails identi&ing and meeting potential clients.
16.7% Associate
33.3% Senior Associate
20.8% Principal Associate or Managing Associate
12.5% Consultant
8.3% Partner
8.3% Proprietor
ASSOCIATES ANDSENIOR ASSOCIATES 8 women
PRINCIPAL ASSOCIATES OR MANAGING ASSOCIATES5 women
PPARTNERS AND PROPRIETORS4 women
9
POSITION OF RESPONDENTS INCOMPANIES
33% Junior level less than 7 years ofexperience
43% Middle levelbetween 8 and 15 yearsof experience
24% Senior levelover than 15 years ofexperience
The hierarchical structure in the legal departments of companies varies and the nomenclature is not uniform. A Managing Associate could fall at the bo$om level of the pyramid or be part of the senior management in the legal department of a company. Only 14% of women working in companies were involved in business development.
10
EDUCATIONAL QUALIFICATIONS
1.3 EDUCATIONAL QUALIFICATIONS AND ANNUAL INCOME
44 Respondents 5-year integrated undergraduate law programme
37 Respondents 3-year undergraduate law programme
14 Respondents Post-graduate degree in law
POSITIONS HELD BYRESPONDENTS INLITIGATION
NUMBERS OTHERS NUMBERS
Independent practice*
A"ached to seniorlawyer+
Retainership
Law firm
Researcher
16
6
3
1
2
1 On a break
Senior positions atInternational organisations
Researchers at N.G.O.s
Facul!
Junior-level o#cers instatutory authorities
2
2
1
2
* One respondent with an independent practice is also an Advocate-on-Record.
+ Two women who are a$ached to a senior are also engaged in independent practice. They have been included
under “a$ached to senior lawyer”.
11
55% of respondents in litigation,that is, 16 women were independent practitioners and 21% were a$ached to a senior lawyer, 2 were working in a law firm.
Almost all respondents had worked as apprentices to senior lawyers. As part of the apprenticeship, they received a nominal amount for their services. Some juniors continue to assist their seniors, and simultaneously have their own practice. Unlike law firms and corporations, the work environment in litigation practice functions outside the employer-employee relationship, which is defined through an employment contract.
0 10 20 30 40 50 60 70 80 90
Only Ll.B.* (66)
Ll.B and L.L.M. (7)
Ll.B and M.A./C.A./CS (7)
Ll.B. and Ph.d. (1)
81.48%
8.64%
8.64%
0.01%
* This includes B.A./B.com/BS.c
ANNUAL INCOME OF RESPONDENTSLAW FIRMS, COMPANIES, AND OTHERS
0 2 4 6 8 10 12 14 16
Did not disclose
Rs. 50,00,001 and above
Rs. 30,00,001 - Rs.50,00,000
Rs. 20,00,001 - Rs. 30,00,000
Rs. 15,00,001 - Rs. 20,00,000
Rs. 10,00,001 - Rs. 15,00,000
Rs. 7,50,001 - Rs. 10,00,000
Rs. 5,00,001 - Rs. 7,50,000
Rs. 2,40,001 - Rs. 5,00,000
3.84%
13.46%
15.38%
11.53%
13.46%
11.53%
7.69%
Rs. 2,00,000 - Rs. 2,40,000 1.92%
13.46%
7.69%
Given that most women who participated in the survey had considerable years of experience, 15% of them were in the remuneration bracket of 30 lakh to 50 lakh rupees. The women who fell in the higher compensation brackets belonged to the corporate and law firm sectors.
12
ANNUAL INCOME OF RESPONDENTS(LITIGATION)
In contrast to law firms and companies, litigation practice appears to be financially less rewarding in the initial years.
AGE OF RESPONDENTS CHILDREN
53 respondents had one child, 26 had two children, and 2 had three children. The majori! of the children, that is, 58 of them were below the age of five years and 34 of them were between five and twelve years of age.
A significant number of the children therefore, were in an age group that required both close parental a$ention and childcare support in the form of a crèche, nanny, or any other. This made the struggle for work-life balance pertinent for an overwhelming majori! of the women in our survey.
1.4 NUMBER AND AGE OF CHILDREN
0 4 8 12 16 20 24 28
Did not disclose
Rs. 20,00,001 and above
Rs. 15,00,001 - Rs.20,00,000
Rs. 8,00,001 - Rs. 15,00,000
Rs. 5,00,001 - Rs. 8,00,000
Rs. 3,00,001 - Rs. 5,00,000
Rs. 1,00,001 - Rs. 3,00,000
Below Rs. 1,00,000
24.13%
10.34%
3.44%
13.79%
10.34%
13.79%
13.79%
10.34%
13
5.61% < 1 year
32.71% 1 - 3 years
15.89% 3 - 5 years
31.78% 5 - 12 years
6.54% 12 - 18 years
7.48% 18 - 35 years
ANJU JAIN KUMAR
started my career in law first out of curiosity. I was
motivated by both the industry and intellectual
property work, that the decision to become a ‘media
and entertainment’ lawyer was made - except that such a
specialty among lawyers did not really exist in India at that time.
This of course did not deter me in the least. The goal was clear but
the path hazy.
I had a few defining moments which paved this path for me -
starting with the pursuit of intellectual property studies in the
U.S. which presented me with an opportunity to intern with the
Motion Picture Association in Los Angeles. In the heart of the
entertainment capital of the world I got excited and enthused with
the depth of domain expertise that existed amongst media
attorneys.
As I moved along, becoming a lawyer in a corporate law firm
back home, I got presented with the opportunity of being
seconded to the Walt Disney Company which was setting up its
presence in India. I embraced this opportunity and learnt as
much as I could of the industry and business, though as outside
counsel I still sat on the periphery. It is only a few years later that
I decided to become an in-house counsel to the Walt Disney
Company India and I have never looked back. D I R E C T O R , C O U N S E L - I N D I A L E G A L A F F A I R S , T H E W A LT D I S N E Y C O M PA N Y ( I N D I A ) P R I VAT E L I M I T E D
"I
14
The youthfulness of the industry, dynamic issues, evolving areas
of law and practice, but most importantly, the ability to
contribute to a growing area of legal work, have been among the
few of the many motivations that have kept me going and
continue to do so. Underlying all of this, the organisation has
allowed me to achieve a work-life balance. As I reflect back I see a
challenging yet very fulfilling career journey – and its not over
yet.
I have been fortunate that the
media sector in India has a large
female presence and the
environment to my experience
has been fairly gender neutral in terms of dealings at the
workplace. However, being a woman in Indian society comes
with its demands and social conditionings. A woman has to wear
multiple hats. Managing these roles on a day to day level can add
to both emotional and physical pressures.
While I have not had any formal mentoring, I have been inspired
and have drawn learnings from a couple of key senior women
lawyers that I have worked closely with.
I have found that women tend to empathise more with issues that
are unique to women. Speaking of my own experience, I was at
the brink of quitting work so that I could move on to becoming a
mother. It was my female senior who anchored me at that point
and allowed flexibilities at the workplace which helped me to
achieve my personal goals and at the same time sustain a career.
Today being a new mother, I have a lot to thank her as I have
managed to achieved both goals.
Work-life balance is a challenge that never
goes away in its entirety. The magnitude
differs at different points. For example
there are certain decisive points in a career
path when one interest may override the
other. I faced it when I was getting married. At that stage I
decided to become an in-house counsel, as in addition to my
professional enhancement, it helped me in achieving a work-life
balance.
At other times, the challenges are smaller and require more
discipline of time, building efficiencies in working styles, and
delegation. To this the support of a strong and dedicated team has
certainly helped. I personally invest a lot of time in team and skill
set building. Needless to say, a supporting home-domestic
environment is crucial.
Work-life balance is a challenge that never goes
away in its entirety.
15
What would additionally help are policies around flexible hours
or working out of home, which would go a long way in helping
women sustain long-term careers. |
16
PRIYANKA ROY
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0$.&>-*'+&56%&$&*"0$,-<"&+)$0"&6>&)6H*+"9:&J/"&0"#$0&B*6>"++-6%&-%&
1%4-$&-+&)H**"%,0(&+,*H##0-%#&.-,/&+6'"&0"#$)(&-++H"+?&!H,&-%&
)6'B$*-+6%&,6&,/"&0"#$0&-%4H+,*-"+&-%&."+,"*%&)6H%,*-"+&1&,/-%8&
."=*"&'6<-%#&$/"$4&./"%&-,&)6'"+&,6&*")6#%-+-%#&,$0"%,&$'6%#&
6H*&.6'"%&0$.("*+:N&R
18
2. WOMEN AT WORK
19
FACTORS THAT INFLUENCE THE DECISION TO ACCEPT A JOB (NON-LITIGATION)
2.1 FACTORS THAT INFLUENCE EMPLOYMENT
0 10 20 30 40 50 60 70 80
Reputation ofthe employer
Well maintained andclean workspace
Compensation package
Policies that favourwork-life balance
Healthy workatmosphere
Quali! of work
50%
54%
56%
56%
65%
71%
We asked respondents to rank a set of factors that influence their decision to take up a job based on a rating scale that ranged from ‘Very Important’ to ‘Not Important’. The bar chart on the le"indicates the percentage of respondents from law firms, companies, government, and N.G.O.s who rated the factors stated in the chart as being a ‘Very Important’ consideration for accepting employment in a particular organisation.
As the bar chart indicates, the quali! of work, a healthy work atmosphere, and work-life balance rank high among the list of factors that influence women’s decision to work with a particular employer. The reputation or the brand of the organisation is considered only by 50%.
The presence of women in senior positions could indicate that the employer promotes the growth of women. We were interested in examining whether this factor influenced the respondents' decision while considering a job. 56% of women were aware that their organisations had women in leadership roles but only 11% said that this was one of the factors that influenced their decision to accept the job o"er.
20
FACTORS THAT INFLUENCEDRESPONDENTS TO TAKE UP LITIGATION
We specifically asked women in litigation what inspired them to take up litigation as a career. As the bar chart indicates, women cited a genuine passion for court practice; the opportuni! to interact with di#erent clients and deal with diverse and challenging ma$ers that impact people’s lives; and the opportuni! to read, understand, and apply the law as factors that influenced their career path. For others, the abili! to bring about social change was a determining factor. “Court is where the law is interpreted and it is really exciting. I changed jobs from one that was a five-day working comfortable job and well-paying to the crazy life of a litigator. I have no regrets at all,” said a respondent from New Delhi with over thirteen years of experience.
The independence a#orded in practice appealed to most of the respondents in litigation. The opportuni! to develop expertise in resolving disputes was another significant a$raction. An independent practitioner from Bangalore with over ten years of experience said, “I always found litigation very exciting - the chance to be in court and argue is very challenging. You get to meet and represent di"erent clients, and meet new people. Litigation also ensures that you read and understand every nuance of the law. It gives you the opportuni! to bring about social change.”
27%, that is, eight respondents cited encouragement from their fathers and other family members who were practicing lawyers, as
0 10 20 30 40 50 60 70 80
Opportuni! to work on challenging cases
Thrill of practice
Opportuni! to beone’s own boss
Learning new skills
Adequate vacation time
Flexible work hours
100%
86%
83%
83%
76%
76%
Reputable senior orlaw o#ce
Adequate compensationfor work
62%
62%
100
21
what led them to join practice. For others who had no professional support in litigation, the marginal pay, especially initially, and the lack of a professional network made litigation a tough call to pursue. One respondent, who found the Mumbai litigation market extremely competitive to survive in, owed her foray into litigation to her father’s court practice.
As part of this study, we also spoke to Senior Advocates Pinky Anand and Geeta Luthra, and Advocate Pratibha Singh, all of whom admi$ed that a supportive and encouraging family is one of the pre-requisites for a successful career in litigation. According to Jayna Kothari, an independent practitioner in Bangalore, her parents were not thrilled with her decision to get back to litigation a"er the birth of her child. For someone who had no other family members in the profession, litigation may have been a tough choice to make, but what helped was her husband's support. Interestingly, we found that seven respondents in litigation were compelled to take a break from litigation a"er childbirth because they did not have any childcare support options. They also lamented the absence of crèche facilities in the court premises, which delayed their return to litigation.
Yet, practice also a#ords women some flexibili!, since they can take up less or more work according to their constraints. As one respondent stated, court holidays gave her ample time to spend with her family. Another advantage is that unlike working in a law firm or
a company, women in litigation do not have to clock a fixed number of hours. The fact that litigation is not structured around a rigid, non-negotiable nine-to-five routine also o#ers flexibili! and independence. The option to dra" from home helps women combine their career and family responsibilities be$er.
As Advocate Jayna Kothari points out, “even for men who have an independent court practice, they o$en would return home for lunch or sometimes if they don’t need to be back in court, returning home would also involve taking a nap. Then, they would return in the evening to meet their clients or continue with their dra$ing work at home.” For women, that flexibili! during the initial years of their child’s life may work to their benefit. They would not have to seek permission from their bosses or deal with the resentment of their colleagues. In a law firm or a company a schedule as flexible as this would be construed as working part-time with a significant impact on the career progression in the corporate value-chain.
22
WEEKLY WORK HOURS FORRESPONDENTS IN COMPANIES
2.2 WORK HOURS
We asked the women lawyers who participated in the survey about what their weekly work routine was like and whether they had to adhere to the billable hours’ regime. For the majori! of the respondents in litigation practice and in companies, the billable hours’ regime was not a method employed to measure performance. As for respondents working in law firms, their bonuses and promotions hinged on this. Given the nature of the legal field however, the direct correlation between the hours worked and the monetary rewards holds true across sectors. The billable hours’ benchmark, however, is primarily a mode of reviewing performance only in law firms. They form the single most important component in measuring performance, especially, in the top-tier big ci! law firms. The hours track the lawyers’ productivi! and maximise profits for law firms.
71-80hours
0
5
10
15
20
4.76% 9.52%
14.28%
33.33%
25
30
35
61-70hours
51-60hours
41-50hours
23
WEEKLY BILLABLE TARGETS FORRESPONDENTS IN LAW FIRMS
71-80hours
0
5
10
15
20
12.5%
16.66%
25%25
30
61-70hours
51-60hours
41-50hours
24-40hours
8.33%
16.66%
WEEKLY WORK HOURS FORRESPONDENTS IN LITIGATION WHENCOURTS ARE IN SESSION
71-80hours
0
5
10
15
20
6.89%
37.93%
27.58%25
30
61-70hours
51-60hours
41-50hours
25-40hours
3.44%
24.13%
35
40
Predictably, most firms have the billable hours regime, unlike companies, where the billable hours regime was not applicable. The majori! of our respondents in law firms and companies work 41 to 50 hours in a week. Six out of seven respondents working with statutory authorities, N.G.O.s, and international organisations also stated that they work 41 to 50 hours in a week.
Interestingly, our study found that women in litigation clocked longer hours at work (see figure above). The majori! of them worked between 51 and 60 hours in a week since much of their work begins a$er courts close for the day.
24
WEEKLY WORK HOURS WHEN COURTSARE ON VACATION
Our data on women litigators’ work hours suggests that most women are a#orded greater flexibili! when courts are on vacation (see graph). The hours of work drop to between 25 and 40 hours when courts are closed. Some of our respondents categorically stated that they do not take up any work during this period or work only if something urgent comes up.
Advocate Jayna Kothari insists that unlike a corporate job that requires one to clock in at least eight hours a day, court practice allowed one the freedom to structure the day as per one’s convenience. She said, “when my child was small I would finish all my work in the first half of the day. I had an idea when my ma$er would come up for hearing. Even later, I would be home by the a"ernoon for an hour to nurse my daughter and put her to bed. Then get back to court again or for meetings with my clients.”
51-60hours
0
5
10
15
20
10.34%
41.37%
20.68%
25
30
41-50hours
25-40hours
Less than 25 hours
Do notwork
10.34%
35
40
13.79%
45
Courts, especially the higher courts, have fairly long periods of vacations. Most practicing lawyers use this vacation time to spend time with their families, update their knowledge on areas of law, and meet new and current clients. Some who practice in lower courts, which have shorter periods of vacation, continue their practice with more time at hand.
25
2.3 REDUCED HOURS AND PART-TIME WORK
The option to work reduced hours can help women tide over the initial pressures that arise a"er the expiry of materni! leave. It can also help prevent, to some extent, the exit of women who do not have or cannot a#ord external childcare support. In their famous article titled, “O"-Ramps and On-Ramps Keeping Talented Women on the Road to Success”, Sylvia Ann Hewle$ and Carolyn Buck Luce emphasise the need to retain women and allow them to return to work by o#ering flexible arrangements. They state that “[t]he trick is to help them maintain connections that will allow them to come back…without being marginalized for the rest of their careers.”10 According to them, the creation of “reduced-hour jobs” will provide “women with demanding lives a way to keep a hand in their chosen field, short of full-time involvement.”11
10 Syliva Ann Hewle$ and Carolyn Buck Luce, “O#-Ramps and On-Ramps: Keeping Talented Women on the Road to Success”, Harvard Business Review on Women in Business, 2005, p.1 at 15.11 Id
26
HAVE YOU EVER WORKED PART-TIME?
010
20
30
40
50
60
70
80
90
100
Law Firms Companies Litigation
Yes No
20.83%
79.16%
4.76%
95.23%
24.13%
75.86%
Others
14.28%
85.71%
We asked respondents if they had ever worked part-time at any point of time in their career and if they had the reasons for doing so. As the figure above indicates, the majori!, that is 67 respondents across all sectors, had never worked part-time in their entire career. Of the 14 women who did, 12 cited having to take care of their child or children as the reason for working reduced hours. One respondent mentioned that she opted for part-time work as it would allow her the flexibili! of being with her sons, which would not have been possible if she worked full-time. A litigating lawyer shared that she worked part-time for almost a year, as the long hours did not suit her and she had a child to look a"er. Another respondent in litigation who is presently working on a part-time basis said, “I do not wish to compromise on my daughter's upbringing and therefore choose to represent only few clients at a given time. This way I have ample time with my daughter and we enjoy each day to the fullest extent possible.” The responses to this question also confirmed that women in litigation, especially women with their own practice, had the liber! to work part-time and enjoyed greater flexibili!. Nearly 24% of respondents in litigation had worked part-time in their careers.
27
WORKING ON WEEKENDS
2.4 CARRYING WORK HOME AND WORKING ON WEEKENDS
010
20
30
40
50
60
70
80
Law firms Companies Litigation Others
Always Frequently Sometimes
25%
54%
21%
67%
29%31%
28%34%
7%
71.42%
28.57%
Never
5%
In addition to assessing work hours, we also surveyed how o"en women work on weekends and whether they had the flexibili! to work from home. We measured the frequency with which women respondents carry work home and work on weekends by having them select between the options:‘always’, ‘frequently’, ‘sometimes’, and ‘never’.
In contrast to respondents in law firms, companies, and other organisations, 31% of the respondents in litigation always work on weekends. 67% of women employed in companies and 54% of women in law firms’ work on weekends sometimes. Overall, most respondents in litigation said that they work during weekends.
28
0% 0%0%0%
CARRYING WORK HOME
Most respondents carried work home. We found that more women in litigation carried work home on a regular basis. 25% of women in law firms frequently took work home, while only 14% of women in litigation and companies took work home.
010
20
30
40
50
60
70
80
90
Law firms
Always Frequently Sometimes
8%
25%
46%
Never
Companies Litigation Others
76%
10%21%
14%
52%
17%
85.71%
14.28%
14%8%
29
0% 0% 0%
FLEXIBILITY TO WORK FROM HOME
2.5 FLEXIBILITY AT WORK
As far as the flexibili! to work from home is concerned, women in law firms and companies have a higher degree of flexibili!: 62% of women in law firms and 52% of women in companies shared that they had the flexibili! to work from home. This could also be the reason why more women in companies and law firms occasionally carry work home.
010
20
30
40
50
60
70
Law firms Companies Litigation Others
Yes No Sometimes
62%
16% 20%
52%
38%
9%
28%24%
7%
28.57%
42.85%
28.57%
30
We found that for some women, flexibili! could mean less work or a di#erent work profile at a reduced pay. Others may have complete flexibili! to work from home without any change in the pay structure or career progression. Some women in our study had the option of working from home on days when there was no requirement for physical interaction with their team members or clients. A few women counted working a"er the o%cial work hours from home as flexibili!. For some, being a#orded the luxury of working from home during emergencies qualified as flexibili!. For yet others, the option to come in early and leave early was flexibili!.
In most cases, flexibili!, even for a limited period of a woman’s working life, comes at the cost of a promotion, pay hike, bonus, or income. In the case of women in law firms and companies, this usually a#ects their promotion or pay, and for women litigators it could a#ect their client base. In cases of women working in law firms, women get derailed from the partnership track into the ‘mommy track’. Even when flexibili! is being a#orded at the cost of the women’s professional lives, women feel indebted to their employers for retaining them. In a work culture where spending long hours at work is construed as commitment, ambition, and performance, women who leave work early or meet their deliverables from the environment of their homes face the risk of being discerned as non-performers or not ‘partner material’. Recognition of the fact that longer hours do not imply commitment
or ambition would have a positive impact not merely on women’s lives, but also the lives of men who do not subscribe to that view.
As stated earlier, respondents with an independent practice of their own shared that they had the flexibili! to work part-time or work from home and structure their work to suit their personal requirements and needs. Other respondents in litigation claimed that spending the entire day in court up to 5 p.m. when courts are in session and then working a"er court hours, a#orded them li$le or no flexibili!.
Providing flexibili! however, is not necessarily the norm. One of the women we interviewed had quit her job because her employer had refused to let her work from home a"er the birth of her child. When a respondent with more than five years of experience decided to re-join her former employer a"er a materni! break of six years, her employer refused to allow her to work from home. “In a ci! like Mumbai, which is geographically linear, commuting to work takes more than two hours from the suburbs. The commute from the northern end of the ci! to the southern tip, where most law o%ces are located, especially, when there is no court work or client meeting, proves to be a waste of time. My former employer, however, failed to see the point. When both the lawyer and the client are based in the northern part of the ci!, why would you insist on having the meeting in o%ce, which is located at the other end of the ci!? It is inconvenient for all concerned.” New
31
technology and the Internet have made working from home a practical option.
Employers need to take advantage of existing technology. Instead of insisting on face-time at the work place, they need to realise that spending time at the o#ce does not quali% as commitment or generate be&er productivi!.
32
WERE YOU AWARE IF THE EMPLOYERPROMOTED WORK-LIFE BALANCE?
2.6 WORK-LIFE BALANCE
Does the promise of work-life balance influence a woman’s decision to undertake employment? Are women aware if their employers encouraged a work-life balance at the time of joining the organisation? Does that influence their decision to join? 46% of women in law firms, companies, statutory authorities, and N.G.O.s said that they were aware that the organisation did encourage a work-life balance. That this impacted their decision to join is evident from the second graph. For 55% of the respondents, this was a significant factor.
Almost an equal number of respondents claimed that they were aware that the organisation did not promote a work-life balance and yet joined the organisation. For 36% of respondents, the quali! and nature of the work the employer o#ered was an overriding factor.
46% I was aware that they promoted a work-life balance
12% I was aware that they did not promote a work-life balance
42% Not aware
DID AWARENESS ABOUT WORK-LIFEBALANCE INFLUENCE YOUR DECISIONTO ACCEPT EMPLOYMENT?
55% Yes, it was one of thefactors I considered
36% No, I was more interestedin the work they did
9% No, I was o$ered acompetitive salary
33
AWARENESS OF WORK-LIFE BALANCEIN LITIGATION
WORK-LIFE BALANCE: WHICH SITUATION DESCRIBES YOU BEST
45% I was confident that I wouldbe able to strike a work-life balance
24% I did not consider this aspectat all
31% I was aware that it would bedi#cult to strike a balance
52% Manage to maintain equalwork-life balance
42% Spend more time at work,but have some work-life balance
6% Other
We also posed the question to women in litigation. 45% of them felt confident of being able to strike a work-life balance. As the graph above shows, it is evident that the majori! of women in litigation had considered the di%culties involved in striking a work-life balance as compared to women in other sectors
We also asked the women if they felt they had managed to achieve a work-life balance.
Out of 81 respondents, approximately 52%, that is, 42 women, felt that they had managed to maintain an equal work-life balance, while 42%, that is, 34 women said that they spend more time at work, but have some work-life balance. Five respondents felt unsure about whether they have managed to strike a work-life balance. In the words of one of them, “there are bad days, but the object is to find a solution. Sometimes I do, sometimes it is a crisis.” According to another respondent, “I don't think the balance is at an ‘equal’ position - in my situation I try to balance my work within my life.”
34
HAVE YOU CONSIDERED GIVING UPLITIGATION TO GIVE MORE ATTENTION TO YOUR FAMILY?
A few women in litigation who did consider giving up practice had reasons ranging from the absence of childcare support at home, the long commute to work, the lack of financial benefits at the start of their careers, and the surplus of roles - being a mother and a professional – to juggle. For women working with seniors, the lack of challenging work being allocated to them and the lack of flexibili! caused dissatisfaction and made them consider giving up practice.
Many others however, spoke about litigation passionately. One Delhi lawyer who practiced at the Supreme Court moved her residence closer to the court and her o%ce, to keep a watch on her son and to make trips home during the day. According to her, “[l]itigation is more than a job really- it is a ‘junoon’ for lack of a be&er word to adequately describe it- I could never opt out, but I think of it o$en enough!”
Another respondent who gave up her practice stated that she did so because of the lack of sanitation, the long working hours, and the lack of access to nutritious food during her pregnancy. For some others who considered giving up practice, the time wasted in waiting for ma$ers and the long hours played a significant role when they reconsidered a career in litigation.
Women who continued practice adopted several measures to ease the pressure. One respondent opted to dra" documents for other litigating lawyers who were short on time. Independent practitioners hired juniors and other legal support sta# to assist them in meeting the
Our study also examined how many of the respondents considered forsaking their careers or taking pay cuts in order to care for their families.
Encouragingly, the majori! of our respondents responded in the negative, thus rebu&ing the myth that women voluntarily or will-ingly quit their careers because of their inherent desire to ‘serve’ their families. Only 10% of women said that the thought of qui$ing litigation o"en crossed their minds and 31% considered giving up practice sometimes.
10.3% O%en
31% Sometimes
55.2% Never
3.4% Not answered
35
demands of their work. Many women responded that they multi-task and utilise their time e#ectively by planning everything ahead of time. Others have moved closer to court or converted their home into an o%ce, hired support sta# to manage their homes and yet some others have partners who are in the profession, making the family-professional tug easier to manage. As per one lawyer, “[b]alance is a relative concept. It tilts in di"erent angles depending on a person’s perspective. For me, work is a part of a wholesome life but certainly not all-consuming.” For some others, it has meant limiting the areas of practice or the courts that they practice in. 38% of the women in litigation said that they would be willing to se$le for a lower pay in lieu of more time spent with their families, and an equal number said they would not be happy to do so. 24% said that they might consider the option. 50% of respondents in law firms, 52% of the respondents in companies, and 29% of respondents in the government and the N.G.O. sector said that they would be willing to do so.
36
WOULD YOU BE WILLING TO OPT FOR A SALARY CUT IN LIEU OF MORE FAMILY TIME?
Overall, the respondents working in legal departments of companies were more inclined to consider this option. Respondents working with N.G.O.s and international organisations were less inclined to compromise on remuneration. This could be because the work-life balance equation in these organisations is be$er than that in law firms and companies.
The data clearly indicates that women in law firms and companies face the pressure of combining career and family responsibilities. This calls for a deeper investigation into the work culture in law firms and companies that cause women to even consider such an option.
010
20
30
40
50
60
Law Firms
Yes No Maybe
50%
25%
13%
Companies Others
33%
10%
29% 29%
43%
52%
37
2.7 SABBATICALS AND THEIR REPERCUSSIONS
We asked women from companies and law firms whether their employers had a policy on sabbaticals. The majori! of women stated that their firms did not have a policy on sabbaticals. Women respondents from the same law firms gave contradictory answers, with some saying that there was a policy on sabbaticals and others saying there was none. It is evident that in the absence of wri$en policies, most women would not be aware unless they sought the information from Partners or the Human Resources department. In certain cases, sabbaticals may be given on an ad hoc basis and that would depend on the Partners and their equation with an employee.
As for companies, 9 had a policy on sabbaticals while 9 did not provide the option to go on a sabbatical. Three women respondents were not working, and therefore answered the question as ‘not applicable’.
Sabbaticals !pically mean a break in employment or career. They could be paid or unpaid. In the private sector, most sabbaticals imply leave without pay. If the person re-joins employment in the same organisation, the person is put back on the same career track and su#ers no impact on career progression. How one negotiates the sabbatical depends on the individual and the organisational policy.
Unlike companies, the majori! of law firms do not o#er women or men the option of going on a sabbatical. As for women working in statutory bodies, both the women we interviewed said that there was
a policy of sabbaticals, which had li$le or no impact on the careers of those who opted for them. Sabbaticals are common in academia too, but not in N.G.O.s. Like government bodies, academic institutions permit teaching sta# to take periodic breaks for personal research or other reasons.
38
DID GOING ON A SABBACTICAL AFFECTYOUR OR YOUR COLLEAGUE'S CAREERIN THE LAW FIRM?
We also asked respondents if they felt that taking a sabbatical had a negative impact on their career or on the careers of colleagues who opted for it.
Encouragingly, a very small percentage of women in companies said that a sabbatical had a negative impact on their or a colleague’s career. A larger percentage of women in law firms, however, felt that taking a sabbatical did have a negative impact on their careers.
This could possibly be so because most companies have well defined policies on sabbaticals, thus making it easier to opt for them without any stigma. This is not the case in most law firms, which do not have wri$en policies and allow for more discretion in such ma$ers.
As for litigation, which has been the dominant career path for most Indian lawyers, the question of a sabbatical for mid-career professionals o"en spells an end of the career. Haripriya Padmanabhan, who practices independently in the Supreme Court explains, “[m]any good women lawyers drop out of the system at some point due to personal or professional reasons. Many take a long break due to personal reasons and by the time they get back they are no more in the ‘rat race’ and are not taken’ seriously’ by their peers.”
DID GOING ON A SABBATICAL AFFECTYOUR OR YOUR COLLEAGUE'S CAREERIN THE COMPANY?
19% Yes, the sabbatical did have a negativeimpact on my career or my colleague’s career
38.1% No, it did not
14.3% N.A.
23.8% Not aware
4.8% Not answered
33.3% Yes, the sabbatical did have a negativeimpact on my career or my colleague’s career
16.7% No, it did not
37.5% N.A.
8.3% Not aware
4.2% Not answered
39
DOES YOUR ORGANISATION HAVE A MENTORSHIP PROGRAMME?
As the bar chart indicates, only 38% of the law firms represented by the women participating in the study had mentorship programmes. These programmes did not necessarily address the concerns of working mothers. Some respondents said that they did not feel that mentoring would aid women, especially mothers, in their professional growth in the firm. Other respondents felt that mentorship could play a role in the period of transition, when women return to work a"er their materni! leave. One of the respondents said, “[m]entoring should also include the responsibili! of identi&ing common problems and addressing the same. Mentorship should also be used to arrange for programmes or training that can help employees achieve their maximum potential, without compromising on their personal lives.”
Only 37% of the companies represented by women participating in the study had mentorship programmes. In some instances, mentorship programmes were restricted to new entrants and served more as an orientation to the organisation. Many women working in companies felt that mentorship could play a critical role in a woman’s career. According to one respondent, “besides aiding in networking, it would help in orchestrating one’s growth chart in the organisation”.
Some others felt that the programme would aid women “in adjusting to work be$er a"er pregnancy” and “cope be$er” with the work-life balance.
2.8 MENTORSHIP
010
20
30
40
50
60
Law Firms Companies
Yes No
38%
50%
37%
47%
We asked women in law firms and companies if their employers o#ered a mentorship programme and what value such a programme held for women with children.
40
GENDER-BASED QUESTIONS DURINGINTERVIEWS
2.9 IS THE LEGAL SPACE GENDERED?Q
uest
ione
d ab
out
mar
ital
sta
tus
Que
stio
ned
abou
tch
ildre
n
Que
stio
ned
abou
tpe
rson
al c
omm
intm
ents
0
20
40
60
80
50%62%
33%
We asked our respondents from law firms, companies, government, and N.G.O.s if they had faced questions about their marital status, children, and personal commitments in the course of job interviews. 50% of women had faced questions on marital status and 62% had been asked if they had children.
PRE-EMPLOYMENT SCREENING
We also asked whether the responses to these questions had any negative impact on the outcome of the interview. 50% of the women who had faced such personal questions felt that it did. For one, it was positive because when the interviewer learnt that she had two young children, she was o#ered an option of working from home. Most others however, felt that it resulted in a negative outcome.
One of our respondents mentioned that when she appeared for an interview immediately a"er her wedding, the employer doubted her sinceri! and abili! to handle the pressure at work and home. Another respondent, who wished to start working a"er her first child was born, was asked if she intended on having a second child. In another instance, an interview ended abruptly when one respondent mentioned (on being asked if she had children) that she was pregnant with her first child. While such questions may be asked to ascertain whether the prospective employee can work late hours or on weekends, their appropriateness is highly suspect.
Questions pertaining to marital status and children are illegal in the United Kingdom. They are considered discriminatory under the Equali! Act, 2010 which requires that an employer12 or a firm13 not
12 Section 39(1), Equali! Act, 2010 - (1) An employer (A) must not discriminate against a person (B)—(a) in the arrangements A makes for deciding to whom to o#er employment; (b) as to the terms on which A o#ers B employment;(c) by not o#ering B employment.13 Section 44 (1), Equali! Act, 2010- A firm or proposed firm must not discriminate against a person—(a) in the arrangements it makes for deciding to whom to o#er a position as a partner; (b) as to the terms on which it o#ers the person a position as a partner; (c) by not o#ering the person a position as a partner.
41
discriminate against an applicant or a prospective partner in the arrangements they make while deciding on whom to o#er, by not o#ering employment, or as to the terms of the employment. Similar restrictions have been imposed in the United States by the Equal Employment Opportuni! Commission.14 In India however, no such provisions, regulations, or guidelines exist. Such questions and reactions appear to endorse the gendered role of women and raise concerns when they are linked to the capabilities of a woman applicant.
GENDER BIAS AT THE WORKPLACE
Approximately 36% of the respondents stated that they had encountered gender bias at some point during their career. Interestingly, of the 52% of these respondents in companies (that is, eleven of them), 73% (that is, eight of them) shared that they had encountered gender bias while working in a law firm.
Women in litigation also spoke of the implicit bias that pervaded courtrooms. “When I was practicing in courts, as a woman, a certain tone in argument was o$en an implicit prerequisite to being given a fair hearing. When I started working part-time a$er my children were born, clients and colleagues outside my firm perceived me as not a ‘serious’ or a ‘real’ lawyer”, said a partner of a law firm based in
Bangalore. Another respondent mentioned how “clients choose female lawyers so that they can pay lesser fees in comparison to male lawyers.”
Senior Advocate Geeta Luthra points out, “women lawyers have to work twice as hard to do half as well.” According to Senior Advocate Pinky Anand, “women in litigation have it harder as they have to face clients, lawyers, and judges, most of whom are males, on a daily basis. In a way, they have to confront gender bias at several levels. If a woman raises her voice to make a point, she is discerned to be cantankerous, not assertive. At times, this perception overshadows her merit and results in her being labelled aggressive.” As Senior Advocate Anand suggests, the overall mind-set prevailing in Indian socie! also applies to the Indian legal profession – that is, women should be seen and not heard.
The respondents echoed the views of the senior women advocates. A respondent, who is the General Counsel of a company based in Bangalore, stated “although I do believe there are gender biases, I have always chosen to prove myself in the companies that I have worked. Sometimes it means that you work harder than your male counterparts and sometimes it means that you can never a"ord to be absent”.
In her autobiography Justice (retd.) Ms. Leila Seth, narrates an instance
14 On its website the U.S. Equal Employment Opportuni! Commission states the following under the heading of “Pre-employment Inquiries and Gender’:“Questions about an applicant's sex, (unless it is a bona fide occupational qualification (BFOQ) and is essential to a particular position or occupation), marital status, pregnancy, medical history of pregnancy, future child bearing plans, number and/or ages of children or dependents, provisions for child care, abortions, birth control, abili! to reproduce, and name or address of spouse or children are generally viewed as non job-related and problematic under Title VII.” See, h$p://www.eeoc.gov/laws/practices/inquiries_gender.cfm 42
which highlights the prevailing gender biases at the start of her career. She was approached for her opinion on a tax ma$er by a relative. When the company got to know the opinion had been taken from a woman lawyer, they insisted on having “a proper male opinion”. Decades later, such biases still exist. Respondents in our study mentioned that they have encountered clients who were more likely to trust a male with less experience than a woman with more experience. Clients o"en doubt the competence of women lawyers. Some of our respondents in litigation admi$ed having to constantly prove their me$le and outperform their male peers in order to command equal if not higher fees. One of our respondents admi$ed to being hestitant about increasing her fees or charging the same fees as her male counterparts out of fear of losing her clients. Another respondent mentioned that as women are not seen as primary bread winners, clients get away by paying less to women lawyers. In most cases, women lawyers have to negotiate hard for their fee, which their male counterparts easily command.
86% of respondents in litigation mentioned that they had not encountered any bias on the part of judges. 17%, that is, five women practitioners from Mumbai, Delhi, and Bangalore, expressly mentioned that the judges in the High Courts are extremely encouraging. Approximately 14%, that is, four respondents mentioned that they had experienced bias on the part of judges in the form of sarcastic remarks or snubs. One highlighted that judges in the trial courts tend to undermine the capabilities of women advocates.
NETWORKING AND WORK ASSIGNMENT
Networking within the profession, a crucial ingredient of business development, still remains in the male domain. Informal networks in o%ces, like smoking cliques, are o"en predominantly male. A lot of business decisions and work allocation takes place through these informal networks.
In most firms and companies, at the senior management level, business development is an important target to be met if one wants to grow in the firm. One respondent noted that networking and socialising with the almost entirely male clients for business development is tougher for women. Even the clients are, in certain circumstances, uncomfortable while working with women.
Another respondent narrated how she was not assigned work at her previous workplace -“at one point in time I was the only woman in a litigation team of nine. The other eight were men. I was a victim of constant ragging and jokes. Ma&ers on media, entertainment and technology, and sports were invariably allo&ed to the ‘boys’. I became a patent litigation specialist by default, largely because the ‘boys’ did not want to do patents! It was a daily ba&le!” Another respondent who is currently the proprietor of a law firm mentioned how her male counterparts received the meatier assignments and be$er remunerations when she started work twen! years ago.
43
The common presumption is that women would not want to socialise or work beyond o%ce hours. This is possibly, a reason why they o"en are not included in golf games or drinking soirees outside work hours. A respondent mentioned how she was told that women in the o%ce did not deserve their salaries because they frequently took leave to tend to their children and refused to work beyond o%ce hours. On the other hand, another respondent stated how despite being good performers, women were le" out of an emerging team as the client presumed they would not be able to stretch and work beyond the mandated hours.
Similarly, in litigation, most networking happens in courts. That is where most court gossip and trade skills are exchanged. Several respondents admi$ed that they lost out on work because of not being seen in court corridors and courtrooms during their materni! break. Advocate Haripriya Padmanabhan shared her story with us -“I used to leave court immediately a$er my cases and rush to my baby. This meant that I was not ‘seen around’ in court where it ma&ered namely, the co"ee shop. Till date, many lawyers ask me if I am back to work full time when they run into me - largely, because they have not ‘seen me around’ too much. Unfortunately, part of the drill of being successful in our profession is the visibili! factor. If Supreme Court and all courts had crèches, many women will be able to work without having to rush back home or to totally drop out of the profession”.
44
PARITY IN RENUMERATION
71% of the women lawyers in law firms and 81% of them in companies said that there is pari! in pay between men and women lawyers in the same position. In contrast, the opinion of women in litigation was evenly split.
Women are o"en perceived as hesitant or reluctant to ask for a pay hike. Only 31% of respondents across all sectors, except litigation, asked for a pay raise and only 27% asked for a promotion in their entire career.
010
20
30
40
50
60
70
80
90
Law Firms Companies Litigation Others
Yes, there is pari! No, there is no pari! Not sure
71%
21%
8%
81%
14% 5%
38% 38%
23%29%
14%
57%
45
BARRIERS AT WORK We asked women to rank factors that they perceive as barriers to their professional advancement.
The chart indicates the factors and situations that respondents in law firms, companies, government, N.G.O.s, and others consider as being significant barriers at the workplace. As is evident, an overwhelming majori! of women consider structural issues such as the lack of flexible hours and day care facilities as a critical barrier. It is unlikely that factors that were rated high on the barrier scale by our respondents would feature on the list of hindrances to career advancement by men.
75% of respondents also believed that the absence of women in senior positions also contributed to the di%culties that women face. The presence of women in management positions can motivate women lawyers working in the organisation. Moreover, it may also reflect the interest of the employer or the management in promoting the growth of women in the organisation. The presence of women leaders can also be beneficial for employers as it may help retain talented young women lawyers and promote diversi! within the organisation.
68% of the women ranked marriage as a barrier. This can be a hurdle for most women, especially in a traditional socie! like India, where the burden of familial obligations is invariably placed on women. The lack of work policies that encourage men to be equal parents, only aggravate the pressure on women. Also, women o"en relocate a"er marriage; this disrupts their careers, especially when it involves moving
0 10 20 30 40 50 60 70 80 90
Lack of flexible hours
100
Lack of day care
Pressures to start a family
Absence of women in management
Lack of good materni! policy
Problem with superiors
Marriage
Sexism
Problems with colleagues
90%
85%
77%
75%
69%
69%
68%
58%
52%
46
to another ci! or country.
Sure, childcare and family responsibilities may be considered personal pressures, but they translate into barriers if policies do not take into account the needs and requirements of working fathers and mothers. This claim is fortified by the fact that 69% of respondents rated materni! policies as a problem area.This suggests that employers end up endorsing the gender stereo!pe that child-care is primarily the woman’s responsibili! by not having policies that take into account the parental obligations of their employees.
47
HARIPRIYA PADMANABHAN
graduated from National Law School of India
University in 1998 and have been litigating in Delhi
since December 1998. I have been very fortunate as I
have worked under three fantastic bosses. The first being Ms
Pallavi Shroff under whom I worked for 3 years, the second was
Mr C.S.Vaidyanathan, Senior Advocate where I worked for 7
months and the third being Mr K.K.Venugopal, Senior Advocate
where I worked for almost 6 years. The experience and exposure I
gained and the independence inculcated in me over the ten years
in these three offices have held me in good stead.
I have been practicing independently since January 2008. As far
as getting cases as an independent lawyer, I have so far not faced
much difficulty owing to my gender. Although, sometimes I do feel
that had I been a man I may have managed to generate far more
work. However, the main disappointment arises when
independent practitioners and law firms are happy to engage
male lawyers as junior counsels in matters and to argue some of
their cases, the same alacrity is not shown to women who wish to
be counsels and not solicitors. This is where I feel my gender
impedes my career growth as I am not interested in being a
solicitor but a junior counsel now and eventually an arguing
counsel in mainstream work. Again, I find that some lawyers and
clients are happy to entrust work to me to argue as well, if it I N D E P E N D E N T P R AC T I T I O N E R , N E W D E L H I
"I
48
pertains to women's rights, child rights etcetera but not when it is
a mainstream commercial case. I have declined these cases time
and again as I do not want to be slotted as another woman
counsel who only does activist matters.
The entire legal system needs a change of heart to accept women
counsels and encourage them. Even many women solicitors
unfortunately I find do not engage women lawyers for arguing or
to act as a junior counsel. Unfortunately when I see the women in
the profession around me I realise that
many good women lawyers drop out of
the system at some point due to
personal or professional reasons. Many
take a long break due to personal
reasons and by the time they get back
they are no more in the "rat race" and
are not taken "seriously" by their peers.
I had my daughter almost two years
ago and most lawyers expected me to take a long break after my
daughter was born. However, I was back in action in two months.
But this has been very difficult. The Supreme Court of India where
majority of my practice is does not have a crèche. So there is no
place to leave your baby while you are in court. I used to leave my
daughter with my maid in the Supreme Court car park till she
was almost 7 months. It is only after that I started leaving her at
home alone with the maid. But even now I feel if the Supreme
Court had a crèche it would make my life and the lives of so many
women lawyers easy. Again it is only because I can afford a maid
that I could even think of continuing work since my family and
my husband's family does not live in Delhi. Many other women
may not be able to afford this and it forces them to take a break.
Of course, the fact that my husband is also a lawyer played a huge
role in the resumption of my work.
After my child was born, I used to
leave court immediately after my
cases . This meant that I was not
"seen around" in court where it
mattered - namely the coffee shop. So
even till date many lawyers ask me if
I am back to work full time when
they run into me since they haven't
seen me around that much. Unfortunately part of the drill of
being successful in our profession is the visibility factor. If the
Supreme Court and all courts had crèches so many women will be
able to work in peace without having to rush back home or to
totally drop out of the profession. Other than a crèche, if there
were more certainty in which cases are likely to be taken up on a
Unfortunately part of the drill of being successfulin our profession is the
visibility factor.
49
given day and heard, it would again not only help the women but
everyone. A system should be evolved to ensure that all lawyers
know at least approximately if a case on the list is likely to be
taken up and if so when so that the general inefficiency dogging
the system can be addressed.” |
50
JAYNA KOTHARI
completed my B.A.LL.B. from Bangalore University
and then went on to do the B.C.L. from Oxford, facing
much opposition from home. Upon completing my
Masters, I started working in Delhi in the Supreme Court with
Senior Counsel Indira Jaising. Taking the decision to join her was
partly because she was a feminist lawyer and was successful in
her practice. I saw how judges even in the Supreme Court would
often tolerate the humiliation of women counsels by male counsels
and she never tolerated such treatment. It was truly a learning
experience to be with her so early on in my career and I think I
learnt to be confident and fearless in court, because of my
training with her.
After working with her for two years in the Supreme Court in
Delhi, I moved back to Bangalore, where my family was based. I
started working in a litigation firm, Holla and Holla where I
worked for one and a half years and appeared regularly in the
Karnataka High Court. Then in 2003 I decided to leave and start
my own practice. I started my own firm Ashira Law in 2003 and
in 2010 also started a research organisation called the Centre for
Law and Policy Research in Bangalore. Indira Jaising was a
great mentor and inspiration to me. My first two years working
with her were excellent training. She related to me her
own experiences and hurdles as a woman lawyer. I do not think
I N D E P E N D E N T P R AC T I T I O N E R , B A N G A L O R E
"I
51
that the fact that I am a woman has had any impact on my career
and work life. At Holla and Holla, the firm had only 2-3 female
lawyers and I was one of them. In Bangalore, gender can be a
barrier to networking at times, particularly in the Bar, which is
quite conservative, male, and Kannada speaking.
I strongly believe that women need the support of other women –
women judges, women lawyers, women bosses, and colleagues. It
is important to have female role models for younger women
starting out in their career to believe that success in the Bar is
achievable. Women lawyers are different from the traditional
male senior counsels and that is why women role models are so
important.
Right now my firm consists of an all-woman lawyers team. I am
very supportive of women who have families and allow for part
time or flexi working. However this does not mean that I
accommodate mediocrity at work. We need women to support
each other, and also to push the bar for merit and quality in work.
Striking a work-life balance is difficult in any sector for men and
women who prioritise their family time. In litigation I think it is
much easier to strike a work-life balance because court work is
flexible to an extent, court timings are easy and there are court
vacations! I do a full day at work and come back home after court
work at 5 and then continue working from home in the evening. I
am able to manage my client meetings, which I often schedule at
9.00 a.m. or in the afternoons, so that I am able to leave by 5. It
means that I stay up at nights working, but I don't mind as I am
able to spend the entire evening with my daughter.
I think firms should adopt flexi timings to make the sector more
women-friendly and to enable women to join the Bar. Litigation
can be much more flexible than a corporate law firm job!” |
52
3. MATERNITY BENEFIT POLICIES AND THEIMPACT OF MOTHERHOOD ONTHE CAREER
53
INFORMING EMPLOYERS ABOUT PREGNANCY
42% of the respondents in law firms informed their employer in the first trimester, while 38% waited until the first trimester was over. As for women in companies, 71% of respondents intimated their employers in the first trimester itself.
3.1 IMPACT OF PREGNANCY ON CAREER
71% In the first trimester
24% A%er the first trimester was over
5% N.A.
42% In the first trimester
38% A%er the first trimester was over
21% N.A.
54
Law firms Companies
IMPACT OF INFORMING EMPLOYERABOUT PREGNANCY
Does pregnancy a#ect women’s careers? We asked respondents in law firms and companies if pregnancy had an unfavourable impact on their careers. They chose from the following options:1. that it adversely a#ected their bonus and promotion;2. that it resulted in a reduction of late nights at the o%ce;3. that it resulted in re-allocation of work so as to reduce their workload; and4. that it had no impact.
The majori! of the women in law firms and companies believed that informing their employer about their pregnancy a#ected their bonus and promotion, or led to reallocation of work, or reduction in late nights, or more than one of these consequences.
This reduction or reallocation of work though, would have had an impact on the bonus and promotion of women. More women in law firms felt that their pregnancy had an adverse impact on their bonus and promotion than women in companies. This may have been because of the greater emphasis on billable hours in law firms as opposed to companies. “It adversely a"ected my promotion, since my boss felt that I would not be able to handle the additional responsibili! of the promotion, with a child on the way”, said a respondent working with a law firm. A respondent working with a company felt that she was not entitled to a promotion because her pregnancy meant that she would be working less than before.
0 10 20 30 40 50
Reduction ofworkload
Adverselya"ected bonus
and promotions
Reduction oflate nights at
the o#ce
Law firms
Companies
21%
24%
21%
14%
No impact
37.5%
48%
21%
14%
55
A significant number of respondents felt that there was no impact on their career or growth in the firm. 48% of women in companies were of the view that there was no impact on their careers as opposed to 37.5% of women in law firms.
Out of the seven respondents in academia, N.G.O.s, and government, three respondents felt that there was no impact on their careers while others felt that it a#ected their promotion, resulted in reduced work hours, and reduced responsibilities, respectively.
We also asked respondents if they faced any problems at work during the term of their pregnancy. Three respondents working in law firms mentioned that they faced insensitive behaviour from a partner or a client. This included being forced to travel in the third-trimester of pregnancy or being denied the option to work from home in a risky pregnancy. A larger number of respondents in companies felt that their bosses and colleagues were understanding and accommodative of their needs during their pregnancy.
For respondents in litigation the impact was rather severe. For approximately 59%, pregnancy spelt reduction of clients and loss of work as it a#ected their visibili! in courts. One independent practitioner said that her inabili! to go to court even on days she had no arguments meant that she was no longer spending time in the library or the courtrooms. As a result judges stopped appointing her as amicus as they did not see her in court. That being seen in court is an important part of practice is a fact that many litigating
women lawyers laid emphasis on. One respondent shared that she discontinued practice at the onset of the fourth month of her pregnancy because of the long working hours, the lack of adequate or separate elevators, unsanitised toilets, and the bad conditions of roads. Another respondent discontinued working because she could not cope with the travel involved. Respondents who were a$ached to a senior or a law firm complained of inflexible policies and the insistence of being present in o%ce at all times that led them to quit during their pregnancy.
56
WRITTEN POLICIES ON MATERNITY LEAVE
WRITTEN POLICIES
Most organisations have policies on parental leave. The policies may be wri$en or unwri$en. We asked our respondents about whether the organisations they were presently employed with or last employed with had wri$en policies on materni! benefits, including leave. The graph above indicates the responses received from women lawyers across 16 law firms, 19 companies, two statutory bodies, four N.G.O.s and international organisations, and one academic institution. Respondents belonging to the same organisation have been counted as one for the purpose of this graph.
3.2 PARENTAL LEAVE POLICIES
010
20
30
40
50
60
70
80
90
Law firms Companies Others
Yes No Not sure
37%44%
18.75%
95%
5%
71%
14% 14%
100
57
0%
Typically, respondents working in companies stated that a wri$en policy existed. In the case of law firms however, a substantial number of firms, that is, seven out of 16, do not have a wri$en policy, although they provide for materni! leave. Some firms we contacted as part of the study responded stating that they had no such structured policies on materni! or paterni! leave, largely because such a situation had not arisen yet or that they were too small an organisation.
In the absence of wri&en policies, materni! leave, extensions, and flexible work arrangements have to be negotiated on an individual basis. A wri&en policy will help ensure clari! on procedure, duration, extension, flexibili!, and adoption leave, and also insulate the organisation against claims of bias or discretion in this regard.
DURATION OF MATERNITY LEAVE
We asked our respondents about the duration of materni! leave provided by the organisations they are currently working with. 62.5% of the law firms and 74% of the companies as represented through the respondents appear to provide 12 weeks of materni! leave.
Three firms and companies appear to have provided women lawyers with longer materni! leave. One law firm based in
Bangalore provides women the option of twen!-four weeks materni! leave on half pay. The statutory authorities however, provide women employees with twen!-four weeks of paid materni! leave.
DURATION LAW FIRMS COMPANIES STATUTORYAUTHORITIES
N.G.O.S ANDINTERNATIONALORGANISATIONS
12 weeks
16 weeks
18 weeks
24 weeks
Not aware
10
1
1
1 (on halfpay)
3
13
2
-
1
2
-
2
2
2
1
58
DURATION OF PATERNITY LEAVE
Women from eight law firms, twelve companies, two statutory authorities, and two N.G.O.s stated that their o%ces provided for paterni! leave. The duration of paterni! leave ranges from two working days to four weeks. The data shows that few organisations give paterni! leave longer than fi"een days, thus imposing the responsibili! of parenting entirely on women.
DURATION LAWFIRMS
COMPANIES STATUTORYAUTHORITIES
N.G.O.S ANDINTERNATIONALORGANISATIONS
2 working days
5 working days
7 working days
10 days
15 days/ 2 weeks
1
1
3
3
2
1
2
3 2 1
4 weeks 1
DURATION OF LEAVE FOR ADOPTIVE PARENTS
Only three respondents (two from companies and one from an international organisation) stated that their organisation allowed adoption leave. The remaining respondents were largely unsure about whether the existing materni! leave policy would apply to those who adopt a child.
59
3.3 EXTENSION OF MATERNITY LEAVE
We surveyed how many women applied for an extension or additional leave a"er the materni! leave had expired. Approximately, 42% of respondents working in law firms and 57% of respondents working in companies, and one respondent each working with a statutory authori! and a N.G.O. sought an extension a"er the expiry of the materni! leave provided by their employer. Of the ten respondents in law firms, nine received an extension without any hesitation from the organisation or their boss and in the case of respondents in companies, all except one received extensions without hesitation.
All the respondents in law firms and 52% of the respondents in companies who extended their leave were on a no-pay extension. 10% of the respondents in companies used their accumulated leave during the extension period.
We found that the number of days or weeks of extension sought for depended on the duration of materni! leave - the shorter the materni! leave period, the higher the possibili! of women seeking an extension.
We also asked whether the duration of materni! leave was equal for all or depended on factors such as seniori!, length of service, or proximi! to the management. Appreciably, 52% of our respondents stated that materni! leave and extensions were available to all without any favour or discrimination. Only about 8% of respondents stated that it depended on personal equations with the management and the length of service with the organisation.
DURATION OFEXTENSON
RESPONDENTSIN LAW FIRMS
RESPONDENTSIN COMPANIES
OTHERS
15 days - 4 weeks
5 weeks - 8 weeks
9 weeks - 16 weeks
17 weeks - 28 weeks
1 year
1
11
4
1
1
2
3
4
1
5
60
REASONS FOR BREAK AFTERMATERNITY LEAVE
The primary reasons for taking a break appear to be the absence of reliable childcare support options and the desire to be with the child. While only 10% of women expressly listed inflexibilities at the workplace as a reason for the break, the other reasons, such as long hours of work and the absence of childcare support facilities, also point to the inadequacies of measures taken by the employer to accommodate the needs of working mothers.
About 79% of respondents in litigation, that is, 23 of them, took a break a"er childbirth. The duration of the break ranged from six weeks to six years. The reasons for the break were mostly to look a"er their child, nurse the child, and to avoid the stress associated with litigation. 7% of the respondents cited the lack of understanding and flexibili! on the part of senior lawyers and the absence of crèches within the court premises as reasons why they chose to delay returning to work. 14% of them mentioned that they had to delay returning to work as there was no support available at home to look a"er the child.
3.4 BREAK AFTER MATERNITY LEAVE
Around 38% of the respondents from law firms, companies, statutory authorities, and N.G.O.s took a break from work a"er their materni! leave expired. The reasons for doing so ranged from the desire to be with their child, the absence of child support options, the lack of flexibili! o#ered by the employer, and their unwillingness to work long hours.
010
20
30
40
To b
e w
ith
the
child
No
flex
ibili!
at w
ork
Unw
illin
g to
wor
klo
ng h
ours
No
child
care
supp
ort o
ptio
ns
50
60
70
60%
10%
25%
50%
DURATION OFBREAK
NUMBER OFRESPONDENTS
6 weeks
3 months
4 months
5 months
6 months
4
2
3
2
1
LENGTH OF BREAK TAKEN BYWOMEN IN LITIGATION
DURATION OFBREAK
NUMBER OFRESPONDENTS
1 year
1.5 years
2 years
6 years
2
6
1
5
LENGTH OF BREAK TAKEN BYWOMEN IN LITIGATION
61
REASONS FOR RESUMING WORK
3.5 RESUMPTION OF WORK
Most women who resumed work in law firms and companies did so primarily due to the desire to return to work, the need for financial independence, the availabili! of good child-care support, and financial pressures.
The desire to return to work ranked highest among reasons for resuming their careers. This was followed by the need for financial independence and the availabili! of good child-care support. Few women returned to work owing to financial pressure. For respondents in litigation, the reason for resuming their practice was largely owing to their desire to return to work, and the love for litigation, combined with financial pressures.
020
40
60
Fina
ncia
lin
depe
nden
ce
Fina
ncia
lpr
essu
re
Des
ire
to re
turn
to w
ork
Avai
labi
li! o
fgo
od c
hild
car
esu
ppor
t
35% 19%
52%
31%
DID YOU RESUME WORK AT THE SAMEORGANISATION WHERE YOU WORKEDBEFORE CHILDBIRTH?
Most women preferred returning to a familiar work environment, as opposed to starting in a new or unknown place of work a"er childbirth. 87% of those respondents who changed their jobs cited flexibili! o#ered by their new employer in the form of reduced hours, the work from home option, and fixed hours as reasons for doing so. One respondent shared: “I figured that if I was paid hourly for the work I do, and did not have a fixed monthly pay, then there would be less pressure on me. I could accept or decline work depending on the deadlines expected and my abili! to meet them under my circumstances.”
010
20
30
40
50
60
Companies Law firms
Yes No
57%
29%
54%
21%
62
DID YOU CONSIDER JOINING A DIFFERENT FIRM OR COMPANY WITH MOREREASONABLE WORKING HOURS?
Most women who joined back said the employer provided them various kinds of flexibili!, like allowing them to leave early or work from home, or made crèche facilities available. However, the flexibili! came along with a reduction in pay for most respondents. A woman working in a senior position in a leading law firm appreciated the crèche facili! in her organisation. She said, “[t]he day care facili! enabled me to take my baby with me to o#ce. The crèche is professionally run and exceeds my expectations. I can meet my baby during work hours as well.”
More than 50% of women in law firms and companies did not consider changing their jobs for be$er working hours. Most preferred to work in the same place with the flexibili! a#orded to them. Only 10% of the respondents surveyed switched sectors a"er the birth of their first child. Three respondents moved from law firms to companies, three from litigation to law firms, one from litigation to a company, and one from a company to a statutory authori!.
010
20
30
40
50
60
Yes No
Law Firms Companies
17%
29%
58% 57%
N.A.
25%
14%
63
WERE YOU BREASTFEEDING YOURCHILD WHEN YOU RESUMED WORK?
3.6 TRANSITION FROM MATERNITY TO WORK
NURSING
The majori! of women in companies, law firms, and litigation practice were nursing their children at the time of joining work again. We asked them if they had to stop breastfeeding a"er joining work. Overall, 38% of respondents said that they had to reduce the number of feeds upon resuming work.
010
20
30
40
50
60
Law firms Comapnies
Yes Somtimes
37.5%
21%
57%
10%
Litigation
38%
21%
64
DID YOU HAVE THE OPTION TO BREASTFEED DURING WORK HOURS?
We also asked if employers o#ered any support that enabled respondents in firms and companies to nurse their baby during work hours. We asked respondents in litigation if they had the option to bring their baby to court or the chamber during work hours.
The majori! of women across all three sectors stated that they did not have the option to nurse their child during work hours. For women in law firms and companies, the absence of crèche facilities and nursing breaks hindered the number of feeds. Most women in N.G.O.s and statutory institutions also stated that they had no option to bring the baby to work.
010
20
30
40
50
60
Law Firms
Yes Sometimes No
17% 17%
67%
Companies Litigation
43%
14% 14%
72%
19%
70
80
65
0%
WAS THE TRANSITION FROM MATERNITY TO WORK EASY?
DIFFICULTIES FACED DURING TRANSITION
We asked women across all sectors to share if the transition from materni! to work was easy or di%cult.
Although a significant percentage of women returned to the same workplace a"er materni! leave, 42% of respondents in law firms and 24% of respondents in companies found the transition from materni! leave to joining work di%cult. More women in companies found the transition easier (48%) than women in law firms (33%) and litigation (41%). An equal number of women in N.G.O.s and statutory institutions found the transitions di%cult and easy. The transition appears to be toughest for women in litigation.
010
20
30
40
50
60
70
Law Firms Companies Litigation
Yes No
33%
42%48%
24%
41%
59%
66
FACTORS THAT MADE TRANSITION DIFFICULT
Women who found the transition di%cult cited the following reasons:
1. Circumstances were created to compel them to leave the organisation;2. They felt out of touch with the latest developments in the area of their work;3. They were struggling to clock-in a regular workday;4. Their boss was reluctant to allocate important client work to them; and5. They felt undervalued.
Other factors that made the transition hard were compulsions, such as travelling on work, an unaccommodating senior, and their commitment to work being questioned.
Alarmingly, a significant number of respondents stated that circumstances were created to compel them to leave the organisation. This points towards a hostile a&itude towards working mothers and an unwillingness to accommodate and appreciate their needs and constraints. The refusal to grant flexibilities and allocate significant work to them also added to their di#culties.
0
10
20
30
40
Circumstances were created
that compelled one to quit
Felt out of touch with the
latest developments in law
Struggled to clock-in a regular work day
Boss was reluctant to allocate
important client work
Felt undervalued
31%25%
13% 12% 12%
67
Where the transition to work was easy, it was largely owing to the following reasons:
1. A brief orientation about the work that took place during their absence;2. Reduced responsibilities;3. Option of flexible hours;4. Option to work from home;5. No compulsion to travel on work; and6. Being valued for the work done.
As for women litigators, 59% of them found the transition to work di%cult. Those who found it easy, credited it to family support, child-care help, having an independent practice, and a relatively short break from work. An additional factor that worked in favour of some was having a spouse in the same profession.Those who found it di%cult cited the absence of reliable childcare support, fatigue, concern for the well-being of the child, and having lost touch with the practice. Liz Mathew, an Advocate-on-Record in the apex court, had her first child immediately a"er she commenced her independent practice. She shares how she dealt with it - “[t]he lack of a crèche in Supreme Court made life di#cult with my car in the Supreme Court parking lot doubling as a crèche and my friends taking turns to lend a hand.”
SUPPORT FROM COLLEAGUES
We found that the majori! of women in law firms and corporates who resumed work found their colleagues supportive. This includes males and female colleagues. Most women felt that colleagues with children were more supportive. The majori!, that is, 50% of respondents in law firms and around 62% in companies did not think their colleagues doubted their commitment because they worked flexible hours.
A small percentage of women who were allowed flexibili! were of the view that their commitment and abili! to work was questioned. One respondent shared that her colleagues had o"en voiced that a woman's inabili! to work late or work on flexible terms was “a nuisance”. Another spoke of the lack of support from senior women lawyers in the o%ce. Many senior women lawyers who have made a mark for themselves in a male dominated profession expect the younger generation of women lawyers to endure the same trials and tribulations without challenging the standards of work and success that are premised on the male breadwinner model.
68
WERE YOUR COLLEAGUES SUPPORTIVE WHEN YOU RETURNED TO WORK?
010
20
30
40
50
Yes No Not sure
Law firms Companies
54.2%
66.7%
4.2%
N.A.
37.5%
28.6%
4.8%
60
70
4.2%
Women in N.G.O.s, academia, and in government positions felt that their commitment to work was questioned when they worked from home. Overall, 26% of women felt that their promotion or growth in the organisation would be a#ected or coloured by their colleagues’ opinions.
Litigation, on the other hand, requires additional coordination and networking. This holds true particularly for sole practitioners. Most respondents on their materni! break, managed work by transferring cases to colleagues they know in practice or in their firm if they worked in an o%ce, or handed cases to their junior.
The majori! of respondents in litigation relied on their peers who obtained adjournments on their behalf and handled their clients during the materni! break. A negligible percentage of women did not receive any support from their colleagues in practice. This, of course, is dependent on how well women, particularly independent practitioners, are networked in the court halls.
69
0%
YES, THE MATERNITY BREAK HAD AN ADVERSE IMPACT ON MY CAREER
Women working in law firms appear to be the worst a#ected, followed by women in litigation. 21% of respondents in firms mentioned that they had lost out on their promotion despite being due for one. One among them even lost out on a partnership. For others, it delayed the assumption of new responsibilities or led to reduced involvement in strictly transaction-based work. In the absence of any orientation by the employer a"er resuming work, some struggled with se$ling back into the work environment.
Two respondents expressly spoke about having received discriminatory treatment upon return from materni! leave. They were denied a promotion despite having worked during their pregnancies and resuming work immediately a"er materni! leave. According to them, merit should be a decisive factor for promotions, and having a child should not be perceived as a disadvantage or a liabili!.
Another respondent working in a law firm described the reasons that eventually compelled her to opt out. She commented, “[t]he workplace is designed on an assumption that there is someone else around to take care of family. This works for men, but not for women, as we don’t have wives. Raising a baby is an intense, tiring, and non-stop commitment, as intense, tiring, and unending as being a partner leading deals in a law firm. Flexible working hours were no answer as working sixteen hours a day and being on call seven days a week is what prevented me from being able to take care of my baby and doing those hours from home rather than from the o#ce
3.7 IMPACT OF MOTHERHOOD ON CAREER
What is the impact of materni! leave or a brief break on the promotion or career of Indian women lawyers? 54% of the total number of women lawyers admi$ed that materni! break adversely a#ected their career.
010
20
30
40
Law
firm
s
Com
pani
es
Litig
atio
n
N.G
.O.s
50
60
70
80
75%
43%
52%
20%
70
made li&le di"erence as spending time with my baby was concerned. Add to that, the 30% pay reduction and freeze on promotion to equi! despite logging in the same billable hours as earlier and continuing to bring in business for the firm - it just did not seem worthwhile to continue.” This view was also echoed by another respondent who summed up the law firm culture and its impact on women – “the current assumption is that anyone working in the firm is available 24/7 and family and other things are taken care of by someone else - that default someone else is invariably the woman because men are not prepared to step up and their firms are even less likely to be supportive to them than to women lawyers for time taken with family. So, obviously, once family responsibilities become pressing, continuing work on that assumption becomes unviable.”
The primary responsibili! for childcare and the care of other family members is invariably placed on women. This is especially true for women with young children. The refusal on the part of employers to provide for a work from home option or flexible work arrangements was also highlighted as being one of the problems faced by a respondent working in a company that eventually led her to quit. Another respondent had to decline an o#er to head a unit because she could not commit to work the long hours that the job would inevitably demand of her.
Some respondents who had recently resumed work a"er their materni! break were unsure of the impact. One respondent said, “…due to my reduced involvement in strictly legal or transaction based work, I am not sure how this will impact my career growth path should I wish to leave this organisation.”
Women in litigation su#ered substantially as their peers got ahead.They lost out on clients who preferred to opt for lawyers who were available. Their absence from chambers a#ected their earnings. In the words of one of the respondents, “…the work flow was cut as clients were not sure whether I would be able to manage work. There was a perception that I would not be regular in court, which I had to combat by simply being in court even when there was really nothing much to do.”
Another respondent said, “[f]or about a year and odd a$er the baby, I was in court only when I was needed, due to which there was a perception that I was not serious about my practice. Lack of a proper crèche was a big problem during this period…So, I used to bring her in the car with me and the child would be in the car parking lot for hours when I had to be in Court. Some of my other colleagues, who had babies, also followed the same routine.”.
Another respondent shared how the credit for the work she did before she went on materni! leave was given to her colleague who took over from her.
71
We believe that it will be unfair to say that motherhood has had an adverse impact on the career of women in the legal sector. Instead, it is the workspace that is centred on the “ideal male worker” that is the problem. Organisations operating from this standpoint invariably view women as primary caregivers and flexibilities as a favour. Women who fail to meet work-hour expectations o"en su#er the consequences in the form of reduced bonuses, denied promotions, and unchallenging work.
72
raduating from NLSIU, Bangalore in 2001, I
worked as a retainer with Reliance Industries at
Mumbai for three years where I was doing
mostly corporate and some litigation and arbitration work with
the General Counsel, Reliance Industries, Mr Atul Dayal. The
exposure here was interesting and diverse but in a while led me to
the clear decision that I wanted to switch over completely to
litigation. Thereafter I got married in 2004 and moved to Delhi.
I started practice with Ms. Indu Malhotra, Senior Advocate who
was then an Advocate on Record. In 2007, I moved to K.K.
Venugopal, Senior Advocate's office for an exposure to counsel
practice. This was an immensely learning experience and a huge
privilege to work with such a fine legal mind and an even finer
human being.
Both my Seniors were exacting in their work and expected the
same output from their male and female juniors and this has set
the tone for the rest of my career where I do not expect any
indulgence because I am a woman nor am I willing to be taken
less seriously because I am a woman.
In 2008, I qualified as an Advocate on Record and commenced
independent practice - and with it came the leisure to have a
"G
73
LIZ MATHEWI N D E P E N D E N T P R AC T I T I O N E R ,D E L H I H I G H C O U RT
baby! Given my husband is an advocate practicing at Supreme
Court, I did not have to refuse any work that came to me. The
stage of career with an infant was challenging but litigation gave
much flexibility. The lack of a crèche in Supreme Court made life
difficult with my car in the Supreme Court parking lot doubling as
a crèche and my friends taking turns to lend a hand.
Today a lady lawyer in Supreme Court is no novelty and thanks
to the fine women lawyers before us who cleared the path for us
through prejudices, until now I have not faced any challenge
owing to being a woman. But even today being a lady Senior
Advocate is still a novelty and I’m reminded of a quote from
Charlotte Whitton “Whatever women do they must do twice as
well as men to be thought half as good. Luckily this is not
difficult.” |
74
fter passing out of National Law School of India
University, Bangalore, in 1997, I started my
career in Amarchand & Mangaldas & Suresh A.
Shroff & Co., New Delhi where I was a partner till December
2005. I have been heading the Capital Markets team at Luthra &
Luthra Law Offices since February, 2006. Capital markets and
fund raising transactions has been my forte and I have led more
than seventy capital market transactions.
Over the years, I have advised some of the largest Indian
transactions in the domestic and international markets, such as,
the Initial Public Offer of Coal India Limited, MOIL Limited, Oil
India, and Jaypee Infratech Limited and the successful follow on
public offerings of EIL, NTPC, and REC to name a few.
I do not believe that gender has made any difference in my career
as a corporate lawyer. That said, it would be unjust of me not to
give due credit to my husband who has been extremely supportive
of me pursuing my career. It is crucial that a woman finds an
effective support system from her family members as it is more
often than not a real challenge to strike a balance between a
successful career and a normal family life.
Also, mentoring is a necessary part of the journey of becoming a
"A
MADHURIMA MUKHERJEEPA RT N E R , L U T H R A & L U T H R A
75
good corporate lawyer. Addressing legal issues and gaining
commercial perspective on transactions are some things that
cannot be taught in law school and therefore it is but natural for
me to acknowledge the huge role that, Mr. Shardul Shroff,
Partner at Amarchand & Mangaldas & Suresh A. Shroff& Co.,
New Delhi and the then Senior Associates Ms. Gopika Pandit and
Mr. Piyush Gupta played in my professional life.
I believe that a firm has the responsibility to put in place effective
measures to sustain the growth and development of female
lawyers, especially from conservative backgrounds. However, it
is important that women do not misuse the leeway given to them
nor use their family and children as an excuse to shirk their
professional responsibilities.
The active involvement of the employer to make the workplace
more ‘female friendly’ is a crucial ingredient to achieve the fine
balance between one’s personal and professional space. Simple
yet effective policies such as flexible work timings and
transparent evaluation systems would go a long way in ensuring
higher participation of women over a longer period of time so as
to obviate their current underrepresentation in senior leadership
roles. It is important that women today work towards an
understanding that having a family and children should not be
used as an excuse to neglect their work. This ongoing juggling
between family and work is never pleasant and making adequate
arrangements such as a crèche in the workplace would be a
welcome change for all working mothers. That said, it would also
be refreshing to have the option of going on a slow track “career
path”, especially for working mothers, which would give them an
opportunity to prioritise without having to completely isolate
themselves from work and other professional obligations.” |
76
KOSTURI GHOSH
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My gender has not had a negative impact on
my career.
78
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79
4. ASSESSMENT OF EMPLOYERS
80
LACK OF ADEQUATE RESPONSES FROM EMPLOYERS
We approached twen! law firms and twen! companies in Delhi, Mumbai, and Bangalore to participate in the study. The companies consisted of varied sectors, like information technology, banking, infrastructure, media and entertainment, and F.M.C.G. The law firms we contacted were national law firms and regional law firms with a large presence in the three cities. We received responses from only two law firms and one company.
In the survey forms that we sent to employers, we sought the ratio of women to men, materni! and paterni! policies, policy on flexibili! and sabbaticals, policies adopted to retain women, a$rition, and the reasons for a$rition. Additionally, we sought policies on sexual harassment. Of the twen! law firms we approached, thirteen did not wish to participate in the study or did not respond to the email, two agreed but did not send the data a"er many reminders, and three did not have any such wri$en policy.
RESPONDENTS’ RATING OF EMPLOYERS
Based on the responses from our respondents, our study generated information on the policies in most tier-one and tier-two law firms of the country. The assessment of employers, therefore, is based entirely on the respondents’ opinions.
The respondents rated their respective organisations on sensitivi!, flexibili!, childcare assistance, and diversi! programmes based on a scale that ranged from ‘Poor’ to ‘Excellent’.
81
RATING OF EMPLOYERS' UNDERSTANDING OF NEEDS OF WORKING PARENTS
4.1 IS YOUR EMPLOYER EMPATHETIC TOWARDS THE NEEDS OF WORKING PARENTS?
15 Joan C. Williams, Jessica Manwell, Stephanie Bornstein, “Opt Out” or Pushed Out? : How the Press Covers Work/Family Conflict – The Untold Story of why Women leave the Workforce, p.3, The Center for WorkLife Law, Universi! of California, Hastings College of the Law, 2006
More than 60% of our respondents rated the organisations they were working with as largely understanding about their needs. In contrast, 38% of the respondents rated the response to the needs of working fathers as being average. A possible reason for this could be that work places reflect the view that women are and continue to be primarily responsible for childcare and men as sole bread-winners. The report ‘Opt out or Pushed Out’ states, “[i]nflexible, all-or-nothing workplaces drive women — and men — into neo-traditional roles. Inflexible, all-or-nothing workplaces drive women out of breadwinner roles and men out of caregiver roles. The result is many fathers working longer hours than they would like and many mothers working fewer hours than they would like.”15
This di#erence is also evident from the short duration of paterni! leave o#ered by most employers. A woman partner of a leading law firm describes the mind-set of most law firms as fairly ‘traditional’, when it comes to providing policies that make men an equal partner and parent.
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30
40
50
Excellent Good Average Fair
Mothers Fathers
Poor
33%
15%
31%27% 29%
38%
4%8% 4%
8%
82
Do organisations allow flexible work arrangements or work from home options to their employees? If yes, does invoking these options come at the cost of career advancements? Does the organisation, in general, promote a work-life balance?
Approximately 42% of respondents working in law firms and 81% of respondents working in companies mentioned that their organisations had introduced measures to promote work-life balance. Some of the measures listed by respondents from law firms included the option to work from home, the flexibili! to come in late, and general measures such as discouraging working late and working on weekends, the reduction of the number of working Saturdays, and the encouragement of o%ce outings, retreats, and yearly vacations. One respondent mentioned that there are “very rare instances of associates working very late into the night, and even if they do, they are due to genuine work pressures and not due to the issue of ‘face time’.” Appreciating the firm’s policy of fewer working Saturdays, a respondent stated that “this has considerably reduced the burden, especially for working mothers who need to balance work and family.” One respondent mentioned that she has benefited a lot because of the professional crèche facili! that the o%ce had started.
In companies, the measures ranged from clear policies on flexible work arrangements, the work from home option, no work on weekends, and le$ing employees leave work by 6:30 p.m. every day unless urgent work comes up, to allowing flexible timings if
4.2 HOW WOULD YOU RATE THE MEASURES ADOPTED BY YOUR EMPLOYER TO PROMOTE FLEXIBILITY AND ENCOURAGEWORK-LIFE BALANCE?
someone from the family is sick. One respondent also highlighted an interesting diversi! measure adopted by the company in the form of a portal that allows people to share their experience of working with the company including specific programmes that promote networking between working mothers. Another respondent shared that within the legal team, there was an understanding that you could leave work early at least once every week.
Respondents working in statutory authorities said that measures such as study leave for five years and two-year childcare leave for women were available. In international organisations, measures aimed at enabling stress management, ensuring equal distribution of work, flexible work hours, and reduced travel had been introduced.
83
RATING OF MEASURES INTRODUCEDBY EMPLOYER TO ENCOURAGEWORK-LIFE BALANCE
When it came to rating employers, 33% rated their employers’ performance as good in instituting measures that encourage work-life balance and a small percentage (15%) felt that their employers’ performance was excellent. As is evident, the majori!, that is 53% rated their employers as average and below on this parameter.
010
20
30
40
Exce
llent
Goo
d
Aver
age
Fair
Poor
15%
33%37%
6% 10%
84
An important consideration in assessing employers is whether the availing of flexibili! results in a penal! in the form of denial of promotion, bonuses, and raises.
Overall, 48% of the respondents rated their organisations’ openness to o#er flexibili! and work from home options without any penalisation as being average or fair or poor. This indicates that while measures may have been introduced to promote work-life balance, their implementation was poor.
Organisations should realise that in the event that they are unable to provide childcare facilities in work places or in the vicini!, options of work from home and flexible work hours should be considered as they will help retain good talent and aid employee growth.
RATING OF OPENNESS TOWARDSEMPLOYEES WORKING FROM HOME
RATING OF OPENNESS TOWARDSEMPLOYEES WORKING FLEXIBLEHOURS
010
20
30
40
Exce
llent
Goo
d
Aver
age
Fair
Poor
19%
33%
25%
6%
17%
010
20
30
40
Exce
llent
Goo
d
Aver
age
Fair
Poor
21%
31%
21%
10%17%
85
RATING OF CHILDCARE ASSISTANCE PROGRAMMES
4.3 HOW WOULD YOU RATE THE CHILDCARE ASSISTANCE( IF ANY ) OFFERED BY YOUR EMPLOYER?
Crèche facilities, in cities like Mumbai and other big metros where space is a huge constraint, require financial investment that may be di%cult for smaller establishments. In situations like these, flexibili! serves as a be$er option. For some law firms, the number of employees that may have children may be small in number. In situations like these, Nirmala Menon, founder of Interweave (a firm that consults on gender diversi!), recommends sharing facilities with other firms in the vicini!. She shares that some companies abroad have set up crèches where there is a campus space which is commonly shared by all companies. Companies can also increase the infrastructure support around child-care by !ing up with local child care options. She also mentioned that some organisations provide a room for child-care, not as an everyday option, but on some days during an emergency when the maid has not shown up or the child is not well. Others encourage men to become equal partners by providing them flexibili!. The consequence of encouraging men to become equal partners, by o#ering egalitarian policies, would result in retaining good women talent. Unless organisations adopt such retention measures they may be le" scrambling for talent where the supply of good talent is already scarce.
010
20
30
40
50
Exce
llent
Goo
d
Aver
age
Fair
Poor
10%15% 19%
50%
6%
We asked respondents whether their organisations o#ered any childcare assistance in the form of crèches or child-care search services in the case of emergencies. Respondents have been largely unanimous in their emphasis on the need for employers to provide a crèche. Given that the majori! of the respondents’ children are below the age of five years, this is understandable. Unfortunately, the support from employers in this regard has been unsatisfactory. An overwhelming 84% of respondents rated their employers below average on this parameter.
86
WOMEN LEADERSHIP PROGRAMMES
4.4 HOW WOULD YOU RATE THE DIVERSITY PROGRAMMES( IF ANY ) OFFERED BY YOUR EMPLOYER?
Many multi-national companies have independent departments that encourage and ensure diversi! is maintained in the talent pool of the company or at the time of hire. We asked our respondents whether their employer had introduced any diversi! initiatives aimed at retaining working mothers, promoting women leaders, and mentoring employees. Approximately 31% of the respondents stated that a mentorship programme existed in their organisations. In some organisations however, it served more as an orientation for new recruits.
74% of the respondents rated their organisations as average and below with respect to women leadership programmes. The data showed that most employers had not introduced any diversi! programmes aimed at promoting or mentoring women within the organisation.
010
20
30
40
Exce
llent
Goo
d
Aver
age
Fair
Poor
50
10%15% 13%
19%
42%
87
5. CONCLUDING OBSERVATIONSAND RECOMMENDATIONS
88
The data on the assessment of employers indicates to a certain extent the gaps in policies and practices with regard to working mothers. Though large numbers of women returned to work a"er childbirth, li$le appears to have been done by employers to a$ract them or retain them. While respondents have rated their employers high (Section 4.1) on their understanding towards the needs of working mothers, the rating on specifics shows that this has not translated into women-friendly policies.
Data from Sections 2.9 and 3.6 also highlight the gender biases that operate within the legal workspace and complicate the growth of women within organisations and in litigation. Discriminatory practices in the form of the denial of benefits and promotions and assignment of unchallenging work exist. The dominant perception that parenting is essentially a woman’s responsibili! is apparent in the policies of most organisations that extend short paterni! leaves to their male employees or retainers.
Several underlying assumptions need to be challenged and employers in the legal sector need to critically introspect. Women lawyers who seek flexibilities cannot be assumed to be not commi$ed or looking for excuses to slack from work. Flexible work arrangements should be o#ered without any prejudice or penal!. The work culture dominant in the corporate sector and in litigation reflect the traditional male breadwinner model and this should be challenged.
We asked our respondents to share their thoughts on how workplace policies could be modified to promote be$er working conditions for working mothers. The recommendations below are primarily based on the responses received from them.
89
RECOMMENDED DURATION OFMATERNAL LEAVE
5.1 DURATION OF PATERNAL LEAVE
We asked 52 respondents in law firms, companies, N.G.O.s, statutory institutions, and others as to what, in their opinion, should be the ideal duration of materni! and paterni! leave.
The majori! of the respondents, that is, 29 were of the view that paid materni! leave should be o#ered for at least six months. 9 respondents felt that the duration should be one year. Only 6 respondents felt that the statutory minimum of twelve weeks was su%cient. 24 respondents were of the view that paterni! leave should be for a period of at least one month.
RECOMMENDED DURATION OFPATERNAL LEAVE
7% 7 days
26% 15 days
52% 1 month
11% 3 months
4% 6 months
11.52% 12 weeks
3.84% 16 weeks
56% 6 months
17% 1 year
9.61% Others
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The World Health Organization recommends exclusive breastfeeding for up to six months.16 Therea"er, breastfeeding should be continued with complementary foods till the child is two years of age or more.17 This has also been endorsed by the Indian Academy of Paediatrics, which is the only association of paediatricians in India.18 In light of this, the statutory period of twelve weeks needs to be reviewed. The Materni! Benefit Act, 1961 will have to be amended in order to mandate materni! leave for at least six months. Till such time, employers themselves should extend paid materni! leave or provide flexibili! to working mothers so that they can breastfeed their child for the recommended period of six months. There is nothing preventing employers from providing materni! leave beyond twelve weeks.
The encouragement of shared parenting responsibilities will help address to a certain extent the entrenched gender stereo!pes surrounding childcare. Employers endorse this archaic division of labour by providing for insu%cient paterni! leaves and supporting the belief that women are and remain primary caregivers. Priyanka Roy, a partner with Alliance Legal, emphasised the need for adequate paterni! leave and even suggested “paterni! leave of three months can be provided in addition to materni! leave so that couples can plan childcare e#ectively”. In fact, the e#ects of such
measures will not be confined to any one sector, but will positively impact all women in employment.
To summarise, our data indicates that:
46% of the respondents sought an extension of their materni! leave.
56% of the respondents were of the view that paid materni! leave should be for at least six months.
67% of the respondents in law firms and 43% of the respondents in companies stated that their employers did not provide any support to allow them to nurse during working hours.
38% of the respondents across all sectors had to reduce the number of feeds once they resumed work a"er the materni! break.
79% of the respondents felt that the options of flexible hours and work from home would make the transition from materni! to work easy.
44% of the law firms represented in our study through our respondents do not have a wri$en policy on materni! leave.
16 WHO, “Breastfeeding”, at h$p://www.who.int/topics/breastfeeding/en/17 WHO, “Breastfeeding”, at h$p://www.who.int/topics/breastfeeding/en/18 Indian Academy of Pediatrics, “Exclusive Breastfeeding: The Gold Standard-Safe, Sound, Sustainable”, h$p://www.iapindia.org/iap-resources/web-links/recommendations-a-guidelines#and h$p://grandam.websitewelcome.com/~iapdemo/iap/iapfiles/policy_infant_feeding_1.jpg 91
Based on the above, we recommend that:
1. All organisations should have a wri$en policy on parental leave. This will ensure clari! on ma$ers such as procedures, duration, extension, flexibili!, and adoption leave, and also insulate the organisation against claims of bias or discretion in this regard. 2. Employers should provide for paid materni! leave for six months and paid paterni! leave for one month. This should be available to all women irrespective of the duration for which they have worked at the organisation. The option to utilise the parental leave at intervals should also be a#orded. 3. Flexibili! options such as work from home and reduced hours should be introduced, especially if the organisation is not in a position to provide parental leave for the above-mentioned duration and the work profile of the individual does not necessarily require physical presence in the o%ce. 4. Employers should also provide for a crèche within the o%ce premises or nearby which will allow mothers with young babies to nurse them. The option of sharing crèche facilities with other o%ces in the vicini! should also be explored.
5.2. FACTORS THAT CAN HELP CHANGE NEGATIVEPERCEPTIONS TOWARDS WORKING MOTHERS
Colleagues of women who are on materni! leave or are working flexible hours end up having to put in additional hours to deal with the workload. This causes resentment against working mothers and may even lead to hostilities at the work place. According to Nirmala Menon, an e#ective way of addressing this is by ensuring that deliverables are clearly outlined. “Women face resentment also during materni! leave, especially in cases where there is no one to handle their work in their absence. If there is no cover for her, then the colleagues come to resent her for that and are less cooperative a$er she is back a$er the three-month break. It is seen as a vacation. Unless the organisation provides a cover and emphasises that materni! break is not a negative thing, but it is seen as business as usual, things will not change.”
A practical solution o#ered by a respondent is that organisations should encourage joint responsibili! or charge on projects instead of making one person responsible. This will ensure that work is taken care of and that there is no unnecessary pressure or guilt imposed on the person who opts for a flexible work arrangement.
According to one of our respondents working in a law firm, a shi" in perception can come only if employers “frame a policy to support them and not question commitment, when a woman does opt for part-time, flexi timings, working from home measures, and educate colleagues that this is a support for a working mother and not a perk that is o"ered to them.”
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FACTORS THAT CAN HELP CHANGENEGATIVE PERCEPTIONS TOWARDSWORKING MOTHERS
The majori! of respondents, that is, 49 of them, believed that discouraging work beyond eight hours would be a concrete measure that could lead to a be$er work-life balance for all employees. Nirmala Menon endorses this measure. “The whole culture of the longer you work, the more commi&ed you are needs to be rewri&en. This includes the importance a&ached to face-time, which needs to change. The fact that you are in o#ce till 10 p.m. does not make you an e#cient or commi&ed worker; in fact it is quite the opposite. If you get no brownie points for si&ing late in o#ce, the practice would automatically stop.” If this measure is adopted, it will benefit not only working mothers, but all other employees as well.
Employers need to take initiatives to promote diversi! and at the same time ensure that lawyers who opt for flexibili! are not stigmatised or penalised in any way. Authors of the report titled “Legal Talent at the Crossroads – Why New Jersey Women Lawyers Leave their Law Firms and why they Choose to Stay?”, explain the dangers of extending flexibili! options only to mothers, “[f]irst, it runs the risk of being discriminatory. Second, it feeds stigma: A flexible work program available only to mothers can reinforce maternal-wall stereo!pes that mothers are less commi$ed than other workers. Third, making children a prerequisite for eligibili! for a flexible schedule overlooks the fact that flexibili! can be a retention tool for all valued a$orneys. Fourth, it may be a source of resentment for lawyers who do not have children...”19 These are valid points that must be taken into
010
20
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40
Engo
urag
ing
all e
mpl
oyee
s to
mai
ntai
n a
life-
wor
k ba
lanc
eby
dis
cour
agin
g w
orki
ngbe
yond
eig
ht h
ours
Prov
idin
g th
e op
tion
of
wor
king
from
hom
e to
all e
mpl
oyee
s
Allo
cati
ng w
ork
resp
onsi
bilit
ies
to a
larg
erte
am s
o as
to n
ot b
urde
n on
eor
two
indi
vidu
als
wit
hex
cess
wor
k
Prov
idin
g w
orki
ng fa
ther
ssi
mila
r flex
ibili!
as
wom
en
50
60
70
80
90
100
94.23%88.46% 86.53%
76.92%
19 “Legal Talent at the Crossroads – Why New jersey Women Lawyers Leave Their Law Firms, and why they chose to stay, April 2009”, A Report of the New Jersey State Employment & Training Commission, Council on Gender Pari! in Labor and Education, Center for Women and Work, h$p://www.njsetc.net/council_gender/GPC_CWW_LAW_REPORT.pdf
93
consideration so as to ensure that initiatives aimed at women do not have unintended consequences.
Based on the above we recommend that:
1. The option of work from home should be extended to all, irrespective of whether they have children. Apart from obviating hostilities towards working mothers, it will promote work-life balance within the organisation and serve as a valuable retention tool. It will also be an e%cient response to the stress and time loss associated with the long commute to work in most cities. 2. Flexibilities should be extended to working fathers as well and they should not be penalised for utilising such options. 3. As far as possible, work should be distributed well so as to prevent the overburdening of a few individuals in the organisation. The work of women going on materni! leave should be evenly distributed among others. When the employee returns, the same team that has been allocated the woman’s work should re-orient her about the current status of projects. Employers can contract short-term consultants to fill the required position until the women on materni! break resume work. 4. The management should promote e#ective utilisation of time and discourage work beyond o%ce hours except in case of unforeseen emergencies.
FACTORS THAT CAN MAKE TRANSITIONFROM MATERNITY TO WORK EASY
79% of the respondents felt that the option of flexible hours and flexibili! to work from home would make the transition easier. 62% articulated that the absence of compulsion to travel on work would serve as a smooth transitioning facilitator. 60% of women in both law firms and companies felt that work re-orientation a"er leave was crucial for the transition to be smooth. 54% voted for an
5.3. FACTORS THAT CAN MAKE THE TRANSITION OFWOMEN FROM MATERNITY TO THE WORK FORCE EASY
010
20
30
40
Emer
genc
y ch
ildca
re b
acku
p ce
ntre
Wor
k re
-ori
enta
tion
Not
bei
ng c
ompe
lled
to tr
avel
Opt
ion
of fl
exib
leho
urs
Flex
ibili!
to w
ork
from
hom
e
50
60
70
80
54%60% 62%
79% 79%
94
emergency childcare back-up centre. All women in government or N.G.O.s or academia ranked re-orientation and flexibili! high on their list.
As stated earlier, respondents found the transition di%cult because of the lack of flexibilities, the refusal to allot important work to them, and the creation of circumstances that made it di%cult to continue. Highlighting the e%cacy of an option to work from home, a respondent voiced that “while the visibili! quotient of women who work from home is low, their productivi! may be higher or equal to that of those working at the o#ce as they take fewer co"ee breaks!”
The data on women who found their transition easy point to: orientation about the work, flexible hours and the availabili! of the work from home option, not being compelled to travel, and being valued for their work and childcare support.
Based on the above data, we recommend that:
1. Employers should o#er flexibili! as that will definitely help ease the transition to work a"er a materni! break. Flexibili! to work from home or flexible hours could be o#ered for a few days of the week to all employees and can be tailored to a certain extent to all factor in their constraints and requirements. It does not necessarily mean reduced hours of work - rather, it implies the option of working from home for the same number of hours. On the other hand, flexible hours imply the option to leave early or
come in late. It depends on the requirements of the employees. It gives the employee the leeway to not follow the mandated timings of reporting to work or leaving work. Most employers can adopt either of the two policies that would be suitable based on the employee’s work profile. This should be adopted without decelerating the employee’s career growth. 2. Employers should not compel employees to travel in situations of emergency or in the initial period where women have returned to work a"er materni! leave. 3. Re-orientation to the work or status of the projects that the employee was handling before the materni! leave should be provided by the employer. This should also entail updating the employee about recent developments in law. 4. Employers should consider introducing re-orientation and orientation on the work for new comers and those returning from a sabbatical or break as part of the yearly targets of employees. This would act as an added incentive for all employees. A consistent and e#ective mentorship programme will also aid women in returning to work without feeling intimidated.
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MEASURES FOR WORKING MOTHERSAND WORK-LIFE BALANCE
5.4 MEASURES THAT CAN BE ADOPTED BY EMPLOYERS TO MAKE THE ENVIRONMENT CONDUCIVE FOR WORKINGMOTHERS AND TO PROMOTE WORK-LIFE BALANCE
We asked the respondents to share their thoughts on what changes can be introduced to make the workplace conducive for working mothers. In the words of a respondent who is presently on a break, “the real answer perhaps does not lie in trying to alter the way women in particular are treated in the workplace, but in the way we perceive value creation.” She explains this by adding, “if men, women and organisations are able to recognise and reward investment in families and homes rather than the preeminent focus on salaries and commissions, it would encourage men - and consequently organisations - to develop a genuine work-life balance rather than pave the way for resentment towards female colleagues who may be viewed as campaigning for a‘first amongst equals’ status.”
According to her, “The danger of any protective legislation or policy is that it paves the way for resentment towards beneficiaries.” Respondents working in legal departments of corporations endorsed the importance of work-life balance and flexi-options. One respondent voiced that “work should be allocated in a manner that it is achievable within the working hours”. Most expressed the need to have be$er crèche facilities and satellite locations from where parents can work so as to be close to their homes. Mentoring in the form of training programmes, motivation programmes, and sabbaticals were some other recommendations.
We asked respondents to choose measures they felt employers
010
20
30
40
Opt
ion
to ta
ke a
sab
bati
cal
and
rejo
in w
ork
wit
hout
ita"
ecti
ng y
our c
aree
r gro
wth
Opt
ion
to w
ork
part
-tim
e
Child
-car
e fa
cilit
ies,
like
crec
he
Opt
ion
of w
orki
ngfr
om h
ome
Flex
ible
hou
rs
50
60
70
80
90
62%69% 71%
85% 87%
96
should adopt in order to make the work place more conducive for working mothers and also to promote work-life balance.
The key recommendations emerging from the respondents’ responses are as follows:
1. FLEXIBLE WORK ARRANGEMENTS
Work from home
While examining the data, we found that the respondents repeatedly emphasised upon the need for flexible work arrangements. This is one of the clearest recommendations that emerged from almost all respondents. At the same time, the concern about the adverse e#ects of opting for flexibilities was palpable. According to a respondent working in a law firm, “working from home should be granted as an option to all lawyers. If despite working from home they meet their billable hours and business development requirements, there should be no reduction in pay or a"ect their promotion.”
Our study revealed that some of the respondents who opted for flexibili! did encounter hostile remarks from colleagues and bosses. Such reactions could undermine the value of diversi! measures. A respondent laid emphasis on the need for “superiors or peers [to] be educated so that they do not question commitment of working mothers.” Another respondent working in a company said that
“there should be less ‘raising of eyebrows’ when a women colleague is leaving o#ce early.” Employers should “discourage working a$er hours and late nighters for everyone, as this a"ects the work flow to working mothers” and meetings and travel dates should be fixed a"er taking into account the schedules of women workers, according to two of the respondents.
In order that such policies are implemented in their true spirit, and are not discerned as a favour to working mothers, it is necessary that the management believe in and appreciate the value of such measures. Madhurima Mukherjee, a Partner at Luthra and Luthra Law O%ces, emphasises this as she says that “the active involvement of the employer to make the workplace more ‘female friendly’ is a crucial ingredient to achieve the fine balance between one’s personal and professional space. Simple, yet e"ective, policies such as flexible work timings and transparent evaluation systems would go a long way in ensuring higher participation of women over a longer period of time so as to obviate their current under representation in senior leadership roles.”
Employers should also organise trainings for all sta# in order to equip them with skills and sensibilities required to work with colleagues who opt for flexible work arrangements. As mentioned earlier, working mothers should not be penalised by denying them bonuses or promotions because they chose to work from home.
97
Flexible hours and reduced hours
The option of either or both flexible and reduced hours will allow employers to take into account the di#erent requirements of individuals. For instance, women who resume work a"er a materni! break should be given the option to work from home or work part-time. Parents with older children may require flexibili! in case of medical emergencies or if schools are on vacation and there is no one to look a"er the child at home.
Slow track
One respondent was of the view that employers should provide working mothers with the option to move to a “slow track” – “this would mean lesser work, lesser responsibilities, lesser pay, and the option to work from home. The pros and cons of this option should be laid out beforehand so that women can make an informed choice.” ‘Slow track’, otherwise termed the ‘non-partner track’ implies that the employee would not compete to reach the coveted position of partnership and based on that the work of the employee is redefined to suit the employees’ preferences. Madhurima Mukherjee endorsed the significance of providing the slow track option. She said that, this would “...give them [working mothers] an opportuni! to prioritise without having to completely isolate themselves from work and other professional obligations.”Explaining how an alternate track worked at a magic circle law firm,
lawyer Kranti Vanga said, “most international law firms, like my previous employer that was a magic circle law firm, provided both men and women the option of moving out of the partner-track. This means not doing live transactional work but supporting transactional lawyers in research work. These lawyers, called the Professional Support Lawyers (PSLs), were involved in creating know-how, templates and guidelines for creating commercial documents. There were PSLs for each department or practice area as opposed to the whole firm who know their transactions in and out and know the practical angles of it. Research is an important area of law. Most transactional lawyers o"en find themselves short on time to do research. Besides, given the nature of the legal field, laws keep changing and it is di%cult to keep pace with the laws in a global environment. These lawyers on slow track perform a crucial function in a law firm without the excruciating long hours and a reasonable pay. In fact, the research minimises the liabili! by ensuring accuracy.”
More recently, a lot of women who wish to move to a slow track are being accommodated in the business and knowledge development, public relations, or communications teams of Indian law firms. While this is an exciting opportuni! for employees who want to stay connected to the field, women who wish to return to commercial practice should be provided the option of returning without being penalised for it. With technology, it is easier to stay connected, work from home, and a$end to clients’ needs.
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In their report on how Washington law firms should adopt part-time policies,20 Joan Williams and Cynthia Thomas Calvert bust several myths that have abounded around this issue. They explain how the costs incurred by the firm due to a$rition are much higher than those on lawyers who work balanced hours. A firm’s investment in a lawyer’s training and grooming is substantial. When lawyers leave, the firm will have to incur the cost of recruiting and training another lawyer all over again. It may also cause disruption in the relationships with clients. Therefore the belief that o#ering such options is not cost-e#ective is flawed. They also stated that the view that “some practice areas are not amenable to a balanced hours schedule”21 and “balanced hours cannot work in a high-powered law firm”22 does not hold good, as practice has shown otherwise. They recommend creation of “flexible, non-stigmatised balanced hours programs that allow a&orneys to move between balanced hours and standard hours without any fear of repercussions.”23 Though the nature of legal practice in the U.S. is di#erent from that in India, the problems working mothers face due to inflexible workspaces are largely the same. Unfortunately, we do not have any best practices at the workplace to fall back on. Nevertheless, we are aware that while Indian law firms are pacing ahead, they are faced with the pressure of delivering top-notch quali! of work and retaining their lawyers. Work done by lawyers who have opted for a slow track can be of immense value to a firm.
Based on the above, we recommend that:
1. Senior management should drive the diversi! programmes in their o%ce aimed at retaining and promoting the growth of women in the organisation. The message that must be conveyed is that flexibilities are not a dole or welfare measure. 2. Law firms should systematise alternate tracks and the option should be made available to all retainers. Information related to the growth trajectory, benefits, and nature of work should be provided. The policy should also provide for a switch back to the accelerated career track. 3. Flexible work arrangements such as reduced hours, flexible hours, and work from home should be introduced. The policies related to these measures should be in writing and should include a clause that permits tailoring an option in consultation with the employee. 4. Those opting for flexible work arrangements should not be penalised by denying them promotions, pay raises, or any other benefits. 5. While assigning work or creating teams, working mothers should be consulted in order to determine their interests and constraints. Their unavailabili! should not be presumed beforehand. 6. Employees and retainers at all levels should be trained on how
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20 Joan Williams & Cynthia Thomas Calvert, Balanced Hours: E#ective Part-time Policies for Washington Law Firms, The Project for A$orney Retention, 2nd ed, 2001, p.42 at h$p://www.pardc.org/Publications/BalancedHours2nd.pdf21 Id, p.43.22 Id, p.45.23 Id, p.28.
to work with a colleague who has opted for a flexible work arrangement.
2 . CHILDCARE FACILITIES
A substantial number of respondents were of the view that the employer should make childcare facilities available. They emphasised that such arrangements were necessary till the time children start school. As is evident from the data on the number and age of children of respondents, 54%, that is, 58 children were below the age of five years. In the absence of child-care support at home, working mothers will have no other option but to place children below the age of five years in a crèche.
Employers can extend this much-needed support. Even if it is not possible to provide for a crèche within the o%ce premises, arrangement could be made near the work place. For instance, some law firms may have varying number of retainers or employees with children in each ci!. They can, in situations like these, use shared facilities, as has been suggested by Nirmala Menon.
We recommend that:
1. Large law firms take steps to establish a crèche within their premises. If there are space constraints, tie-ups with other child-care centres close to the o%ce should be considered.
2. Small firms or firms having few employees with children should consider sharing facilities with other firms in the same vicini!. 3. An emergency room should be available for child-care in all o%ces.
3 . SABBATICALS
Sabbaticals are a highly desirable option as they give employees the option to return to work and serve as an e#ective retention policy without any additional costs. Most sabbaticals are given for a fixed period of time and the employee is placed back on the career progression track upon return.
We recommend that all organisations should provide the option to take an unconditional sabbatical to all employees. This should be given irrespective of the reason for going on sabbatical or the sex of the employee. On returning to work within the prescribed period, the employee should not be penalised.
4. MENTORSHIP
Some respondents laid emphasis on the need for a robust mentorship programme and lamented the lack of it at their current o%ce. In the words of a respondent, who is a proprietor of a
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Delhi-based law firm, “mentorship can help cope with work and child-related anxieties, and also post-natal depression”. A respondent at a senior position in a reputed company felt that mentorship “could definitely take away some stress that working women feel about not being able to devote su#cient time to their children and maintain a proper work-life balance. When you hear from someone who has been through the same experience, it helps cope with the situation be&er.” Others felt that it could help recognise the potential of employees, help transition from materni! leave to work, and also chart their growth within the organisation more e#ectively.
Mentorship programmes could provide women the much-needed support in the workspace and also help boost morale and also encourage women to stay in the profession.
We recommend that employers should develop mentorship programmes for all employees, especially women. All women should be automatically enrolled in their organisation’s leadership programmes. Women transitioning from their materni! leave to work should have a special mentor assigned for a minimum of six months. This would ensure that women have someone to reach out to, particularly in circumstances where they feel unsure about managing work with the additional responsibili! of a child. Mentors should be assigned the task of re-orienting the women back into work. This should include ensuring retention of good female talent as part of their annual targets.
FACILITIES THAT WOULD MAKECOURTROOMS CONDUCIVE FOR WOMENLITIGATORS
5.5 FACTORS THAT WOULD MAKE COURTROOMS CONDUCIVEFOR WOMEN IN LITIGATION
0 10 20 30 40 50 60 70 80 90 100
Sanitised toilets forwomen on each floor
Creche facilities
Room for breast feeding
Baby changing stations
Li$s in courts
Ramps for easy ascentand descent
93%
80%
76%
72%
66%
59%
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The litigation workspace is very di!erent from that of law firms and companies. Most of our respondents were independent practitioners and had hardly any formal support in the form of paid materni" leave. In order to understand how women lawyers could be encouraged to join court practice, we asked our respondents to rank measures that they feel should be introduced to make courtrooms conducive for women in litigation.
93% of respondents strongly agreed that sanitised toilets for women on each floor of the court premises was necessary to make courts more accessible to women lawyers. In her autobiography, titled On Balance, Justice Leila Seth described how “a mus" storeroom” was passed o! as the women’s washroom. More than five decades later, most High Courts and lower courts have abysmal working conditions, especially with respect to sanitation, making it impossible for women to negotiate the court halls. Women’s rest rooms in most courts not only lack in sanitation, but are too few in number. In most cases, the women’s rest rooms are located at the end of the court corridor or in one floor but not all. Given the increasing number of women in litigation, most rest rooms are crowded. This includes the Bangalore Ci" Civil Court women’s room, which is cramped during lunch hour with li#le space for lawyers to even negotiate their way to the lockers.
The other factor that ranked high on the priori" list for most women was a crèche facili". 72% of the respondents agreed that a crèche facili" within the court precincts would make the profession a lot
more conducive for women. Crèche facilities in courts would also encourage litigating men to partake in their parental responsibilities while shu#ling between courtrooms. Not only would it aid in curtailing the exodus of young women lawyers from the practice, but it would also bring about equi" in familial obligations for most working couples.
Additional facilities such as baby changing-rooms and a room where women could breastfeed their children, were considered important infrastructural requirements by respondents. 93% of women lawyers felt that judges being accommodating and sensitive to pregnant women would make courts more conducive. 79% of women lawyers felt that the sensitivi" of their colleagues at the time of pregnancy, which could include assisting in taking adjournments or handling ma#ers in courts, would also help.
As part of our study, we asked respondents what the Bar Council of India should do to encourage more women to join litigation. Most women felt that the Bar Council of India should ensure that courts have a crèche facili" and create a forum where issues of gender bias and discrimination, including cases of sexual harassment could be raised and addressed. They should also encourage and nominate women lawyers for designation to senior counsel and the higher judiciary.
Senior Advocate Geeta Luthra and Advocate Haripriya Padmandabhan also pointed to the delays and uncertainties related
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to hearings that have a definite impact on working mothers. Padmanabhan said, “…if there were more certain! [about] which cases are likely to be taken up on a given day and heard, it would again not only help the women but everyone as most of the time people wait an entire day in court for a case which never reaches. A system should be evolved to ensure that all lawyers know at least approximately if a case on the list is likely to be taken up and if so, when, so that the general ine"ciency dogging the system can be addressed.”
Several women advocates that we spoke to credited part of their success to supportive families and husbands who were also lawyers. However, a reliable support system at home is a privilege that many cannot a!ord. According to Senior Advocate Pinky Anand, the Bar Council of India should extend support to young women lawyers at the start of their careers by encouraging the empanelment of women by organisations.
Unlike some law firms and corporations that have policies on mentoring young associates and employees, litigation works primarily on an individual practitioner basis with li"le support from their peers. In the practice of law there is very o#en a waiting period, as a result of which the economic background of a young lawyer plays a huge role in the choice of career. “Waiting period may not be six months. It may be three years.” Advocate Kothari suggested, “[t]here could be a mentoring group of members in the Bar where one could have a system of referring one’s cases to
other litigators for a short period during the materni! break. Also it would be good to have some formal support systems such as asking the court registry for long adjournments in cases, which are not urgent, on account of one's materni! leave, so that women litigators are not always dependent on judges granting adjournments. Further, there could be more support in providing access to child care support such as maids, nannies, drivers, etcetera, and maybe the women’s bar association could have a directory for such services that it could pass on to all women litigators.”
The Advocates Act, 1961 mandates the Bar Council of India to safeguard the rights, privileges, and interests of lawyers under Section 7. The State Bar Councils are also required to safeguard the interests of advocates on its roll and conduct seminars. We recommend that in furtherance of their statutory mandate, the Bar Council of India and State Bar Councils take the following measures to support the entry and growth of women in litigation:
1. Provide crèche facilities in courtrooms and make them available to both women and men lawyers. This would encourage men to bring their children to crèches and participate in parenting. They could be modestly-priced paid crèches. 2. Ensure that sanitation facilities within the courts are improved and that there are rest rooms for women lawyers on every floor.
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3. Take steps to improve the infrastructure facilities in court premises to ensure that they are disabled-friendly and accessible. 4. Create a forum to promote interaction of women lawyers with eminent members of the Bar. 5. Establish and publicise a commi!ee to receive complaints of sexual harassment. 6. Conduct consultations at the national and state level to take in to consideration viewpoints of women lawyers on measures that must be taken to make to make the profession women- friendly.
ACKNOWLEDGEMENTS
We were able to write this report primarily owing to the trust and support of Rainmaker Training & Recruitment Private Limited. We would particularly like to thank - Aju John, Bhavin Patel, and Vidya Raja for reading many versions of the report and their editorial suggestions. Also, Shilpi Boylla and Michelle Mascarenhas for the design and layout of the Report, and pu!ing up with our constant demands. Most of all we would like to thank Nikhil Chandra, CEO Rainmaker, for being patient. Okay, mostly impatient. But always critical and questioning.
This report would not have been possible without the responses and insights of the 81 women who completed our lengthy questionnaires. It has also greatly gained from the interviews with the following women leaders of the legal profession: Anju Jain, Geeta Luthra, Haripriya Padmanabhan, Jayna Kothari, Kosturi Ghosh, Liz Mathew,
Madhurima Mukherjee, Pinky Anand, Pratibha Singh, Priti Suri, and Priyanka Roy.
A special thank you to them all for talking to us and giving us their time.
We would also like to thank Nirmala Menon from Interweave for sharing her views on what employers can do to promote gender diversi".
We would also like to express our heartfelt gratitude to our friends and colleagues in the legal sector who helped us reach out to women lawyers who fit our research criteria.
We would also like to thank Dina Wadia from J.Sagar Associates, Kosturi Ghosh from Trilegal, and Tony Jose from HSBC Securities and Capital Markets (India) Private Limited for their support.
We also appreciate the hard work put in by our
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research assistant Aakanksha Singh, a fourth year student at the School of Law, Christ Universi", Bangalore and Triveni Makani, an independent researcher.
Sonal Makhija and Swagata Raha31 July, 2012
SONAL MAKHIJA
Sonal has an M.Sc. in Law, Anthropology, and Socie! from the London School of Economics and Political Science. She is presently working as a freelance legal consultant on public policy issues in Bangalore. Her areas of concern include women and child rights, privacy law and other issues relating law and socie!. A"er finishing law school she worked for over two years in J. Sagar Associates.
C O N T A C T : [email protected]
SWAGATA RAHA
Swagata graduated from the West Bengal National Universi! of Juridical Sciences and has been working as a human rights law researcher for over seven years. She has worked with the South Asia Human Rights Documentation Centre, New Delhi and Lawyers Collective in Bangalore. She also taught at the School of Law, Christ Universi!, Bangalore. She is presently working as legal consultant and independent researcher on human rights law and is based in New Delhi.
C O N T A C T : [email protected]
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Rainmaker is a learning, content, and technology company focused on the legal ecosystem. It also conceptualised and manages the All India Bar Examination, India’s first benchmark test for practising law. Rainmaker manages myLaw.net, the first web platform to provide learning solutions and content covering the Indian legal landscape.
Along with its a!liate, Vahura, Rainmaker provides a combination of market leading capabilities across online learning, content, training, test management, technology solutions, and talent management, to assist in the transformation of legal people everywhere.
C O N T A C T : [email protected]
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