The Top 5 Most Leading Women Lawyers To Follow In 2021

FEBRUARY 2021

www.swiftnlift.in

The Top 5 Most Leading Women Lawyers To Follow In 2021

Marital Rape: A Crime

The Sexual Harassment

of Women at Workplace Women in the

Legal Profession

RUCHI KHATLAWALA PANDYA

Little & Co

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’ve wanted to be there not just by virtue of being the editor but because I had something to say something that might join us for a moment in that miraculous way words can.

SwiftNLift magazine is not just a print or digital anymore but everything we do derives from its long-standing character, approach and quality while we continue to produce the print publication with as much dedication as ever. Many thanks to my team for the work undertaken.

If there had been no law or lawyers in the society there would have been disorganization and confusion. Legal profession distinguishes the standard of right and wrong, infact it is the process to establish the one and avert, punish or compensate the other. It is the most independent profession. A member of the legal profession never hesitates to condemn domination or injustice.

The cover story has featured Ruchi Khatlawala Pandya who is currently the Partner at Little & Co. It is a private law firm incorporated in the year 1856.

There are regular columns by the editors with reflective articles to provide information about the violence against women and their status in the society. Some print pieces have complementary components such as additional coverage, advertisements and still photography.

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CONTENT 10 COVER STORY

Little & Co ARTICLES

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26

32

Marital Rape: A Crime

The Sexual Harassment of Women at Workplace

Women in the Legal Profession

18

22

Abrise Legal Consultants

BRUS CHAMBERS

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30

Solomon & Co.

UR Legal (International Law Firm) Advocates & Legal Consultants

The Top 5 Most Leading Women Lawyers To Follow In 2021

Little & Co RUCHI KHATLAWALA PANDYA Partner & senior consultant

“You must keep your mind on the objective, not on the obstacle.”

– William Randolph Hearst

The Top 5 Most Leading Women Lawyers To Follow In 2021 Little & Co. is private law firm incorporated in the year 1856 and was founded by Mr. John Pares Bickersteth. The company’s offices are located at Mumbai and New Delhi.

It was an amazing experience to interview Little & Co. for our magazine. We are glad to share this exclusive interview with all our readers.

Tell us about Little & Co. Its vision and mission.

Little & Co. combines the heritage of best practice along with present day legal expectations, to bring clientele the most efficient and practical advice in the most competent, structured and organized manner. The firm is known for its integrity, efficiency and high intensity of partner’s personal involvement with each mandate. We, at Little & Co. are conventional and traditional in our approach which apparently has been our strength and we will always want to stand by these principles. We’re striving to achieve a more modern outlook and new age practices for the firm which gives the firm a much-needed boost in today’s competitive legal industry, keeping our traditional and conventional principles intact. It’s about striking a reasonably perfect balance (no one can achieve the perfect balance) to walk hand in hand with the modern world!

Explain the Little & Co. – Ruchi Khatlawala Pandya Partner’s journey till date and how Little & Co tackled any initial struggles?

Born to the most humble, honest and lovely

Little & Co..

Co

parents-Daksha and Ajay Khatlawala in Mumbai exactly 40 years ago, I began my schooling from Lady Vissanji Girls’ High school and ended up completing it from Jamnabai Narsee School. Have a younger sibling, Viraj Khatlawala (qualified lawyer and interior designer) a happy-go-lucky boy of our household who never fails to bring a smile to us when most needed.

I completed my 11th & 12th from Sophia College, Mumbai and without a thought, I knew I wanted to head straight to Government Law College (GLC) for my law degree! Those were the days when 5 years integrated law course was just introduced in India and I wanted to be the first of the lot. God willing, I did! The day I secured admission in GLC, the same day I joined my father at Little Co., one of the reputed and oldest law firms in the country, as an intern or if I may say, as a working clerk (being the daughter of a senior partner of the firm) which taught me those basics and fundamentals which no school, college or books ever impart. The practical knowledge and implementation of all that we study during our young days carries value only when put to appropriate use! My parents always believed in making us earn what we deserve instead of giving things on a platter to us. I was never treated as a partner’s daughter till I cleared my basic law degree but was made to slog like any other associate of the firm which I really owe to my father today. Both my parents supported me to the fullest when I genuinely needed it but at the same time, I was made to earn my own living and also had to earn my luxuries which of course I’m extremely grateful to them for! My mother has been my pillar of strength for all my bad times!

She is my real inspiration for the way forward in life! My father has been my role model in life and a real example of honesty, hard work and integrity,

no matter what situation one is in.

Eventually, I went on to appear for Solicitors from Law Society of England and Wales in the year 2005. Fortunately, I cleared it in the first go and was lucky to be deputed to work at DLA Piper Rudnick Grey Cary (London) through Little & Co. to gain much required experience in international law and legal practice. Apart from working with At DLA Piper Rudnick Grey Cary I had an opportunity to witness and experience live hearings at the Royal Courts of Justice in London for more than two years while I was handling a high-stake litigation for Deccan Chargers, the then IPL team against a white. On my return from London, I was immediately deputed to join Star TV, Mumbai office, as legal advisor for about 6 months. Post resuming work at Little & Co. for a while, once again Star TV approached my father and requested to depute me back to their Mahalaxmi office in Mumbai as they needed full-fledged legal assistance in launching Star CJ channel, collaboration with CJ, Korea. This was once in a life-time experience for me as dealing with Koreans on a day-to-day basis for closing of various documents, with absolute language barrier had an urge in me of having a magical wand! Today, being one of the younger partners at Little & Co. which is more than 160 years old prestigious law firm; has given me a niche place in the legal fraternity and our society, which I behold with complete dignity and respect. In September 2019 I was blessed to be awarded as an aspiring lawyer-the Rising Star under 40 awards at New Delhi, through Legal Era. I’m passionate about writing and have been fortunate to have been able to write legal articles for a couple of domestic and international magazines. Being married to Shrinath Pandya, for more than 13 years now and a mother to an 8-years-old daughter, Vyana Pandya gives me an immense pleasure of being a woman with unbeaten pride and real conviction!

Tell me about a complex legal issue you worked on. Describe the complexity and tell me how you approached it.

As a junior associate, I was fortunate

to work on Enron v/s State of Maharashtra which also included Maharashtra Electricity Board (were being represent by Little & Co.) where I assisted my father, my professional role model-Mr. Ajay Khatlawala, one of the senior partners of the firm.

This experience and exposure not only gave me access to the who’s who of the legal fraternity but it also engraved deep insight and knowledge about legal procedures, new enactments, legal rights and wrongs, etc. in me. An issue involving invocation

of Bank Guarantee for a huge amount, was up our sleeves (before the Hon’ble Supreme Court of India) and believe me or not-it was the toughest and challenging time we as a team (2 senior associates and myself) had to face. Time allotted to us was 7.30pm to next day 8am! Overnight we had to look up those provisions which we had not even heard of. We had to pull out most apt and effective case-laws which were almost impossible.

Notes on facts, legal impediments, case-laws with chronological dates and events describing entire issue in short and lot more- all was to be produced before Esq. Fali Nariman, an authority of legal fraternity who was the counsel briefed

by Little & Co. in less than 11 hours.

This experience just did not teach me how to approach a complex legal issue in most effective and sensible way but in fact it helped me realize that nothing is impossible, no matter how tough it appears at the start!

Say you’re negotiating a contract (if transactional attorney), plea bargain (if criminal litigator), administrative action (if administrative lawyer), or settlement (if civil litigator) in which the parties are very far apart in what they want. Use a past example of this to talk me through your negotiation process.

Let me tell you about a settlement effort that I had recently had to put in. Initially, the parties (which also included our client) were

too adamant to even have a discussion about settlement, forget discussing ego prevailed better sense and hence money power overshadowed the ability to even consider settlement. It simply made me wonder, what makes people so unapproachable? I took it upon me and decided to strike a conversation with other side Attorney and requested him to run by a settlement proposal to his client. In the meantime, I expressed my anguish and concern about the on-going litigation to our client and also explained about the intricacies that will be involved in taking this matter ahead into litigation. As if a child had to be explained, I was on the job with our client about how it will not only be expensive but also time consuming with no certainty of results. Finally, I was able to convince our client and the other side Attorney succeeded in convincing his client which was least expected as such clients make good money for attorneys but we both had a very clear mind and conscious which ensured peaceful settlement goes through.

Both parties had something to lose and something to gain but modalities were worked out between them with their unhindered co-operation till the end and we reached to a logical settlement with legal strings attached to duly protect best interests of both parties.

Why choose Little & Co? Tell me about the greatest triumph of your career thus far and how you made it happen.

Me joining Little & Co. was a given! As a child, seeing my father, Ajay Khatlawala, wear his black and whites to work each day-fascinated me to adorn his black lawyer’s robe, following his footsteps was somewhat growing in me ever since I was 8 or may be 9, the least that I can recollect!

I would consider becoming one of the youngest Partners at Little & Co. as the greatest triumph of my career. Even though my father was already a Partner in the firm, I was never considered as a privileged child. I had to show grit and perseverance at every point to get what I have today. I obviously am extremely thankful for the hard work that I was made to do, it made me a better soul today and also learn not just about my profession but also basic lessons of life which compliment my profession to a great extent. Being awarded as

the “Rising Star under 40” in September 2019 at New Delhi by Legal Ear was another achievement which I owe it to my fly, team and firm in general.

How clients are getting benefited by doing business with Little & Co? At Little we strive to give our clients the best possible legal advice which also needs to have practical logic attached to it and of course, our services, we vouch for! We understand the needs of our clients, explain to them each and every step that will be involved in their matter. We are available for our clients even if we have to burn the midnight oil. Maybe that’s one reason why we still have the oldest of our clients on board with us till date.

What would you do if you were asked to work on a case, contract or business scenario that gave you ethical qualms?

Has this ever happened to you and what did you do?

records, we are also keen on using Artificial Intelligence (“AI”) in firm’s day to day working environment. AI can dramatically reduce the time and increase efficiency in turnaround time and deliver to the client quality coupled with quantity.

AI will not only improve client servicing but also add on to the robust infrastructure of the firm.

Luckily, I haven’t been approached with any such In the upcoming years we intend to add more mandates. If ever such a proposal was to come to practice areas to our portfolio and add an array of me, I would advise them to take into consideration services for our clients. an ethical way of resolution. If it's not acceptable to the potential client, I would simply excuse myself from entire mandate on a very peaceful note. I Describe yourself in three words. staunchly believe that a good lawyer is also ushered by personal conscience and the approbation of Resilient, Graceful and Compassionate. professional peers. Ethics and professionalism go hand in hand, can’t be parallel!

More information about the firm can be accessed at: What are your views on today’s industry scenario? What is your https://www.littlecompany.com strategy to reach new industries and new customers?

The current trying times have made virtual hearings and online meetings the new normal! Obviously, it does have its own pros and cons. Very candidly, the virtual hearings/meetings are good but I do miss visiting courts and meeting my clients in person.

The legal industry has had its share of setbacks in this new normal but having said that we are fortunate to bounce back to normal gradually and in more organized/structured manner! We reach out to new clients by regularly publishing articles and conducting webinars on the basics of law.

It's not just about marketing or pitching for new clients, I believe it is important that the general public is aware of their rights this legal system has embodied through our Constitution.

How does Little & Co work on making the industry better? What can be expected from Little & Co in the upcoming years?

We do a lot pro bono work as a part of our CSR activities. We have never rejected a mandate only because of inability to pay our fees by the prospective client. Apart from digitization of

The Top 5 Most Leading Women Lawyers To Follow In 2021

BRUS CHAMBERS

Brus Chambers, is a partnership firm organised and registered in Mumbai, under the Indian Partnership Act to practice law. The firm is also registered with the Bombay High Court as Advocates & Solicitors and with the Bombay Incorporated Law Society as Solicitors. All partners are registered on the rolls of their respective Bar Councils to practice law while some partners are advocates on record on the rolls of the Supreme Court of India and also as practising solicitor of the Supreme Court of England and Wales. Brus Chambers is also registered with the Income Tax department having its Pan and Tan number.

 Commercial Litigation &Arbitration

Brus Chambers is an independent, specialised law firm established under the laws of India accepting work from all overseas law firms, domestic and international corporate, government bodies etc and all those seeking assistance from our law firm. Brus Chambers is a law firm with advocates, solicitors, associates, para-legal and support staffs.

 Entertainment & Media

 Corporate, Commercial & Contracts  Projects (Infrastructure, Energy, Oil, Gas, Mining)  Enforcement of Foreign Awards  Aviation  Banking & Finance  Intellectual Property  Real Estate & Construction  Insolvency & Restructuring Each area comprises industry-focused teams dedicated to delivering incisive advice.

Brus Chambers has been recommended as a Top-Tier Firm for Shipping work in India by Asia Pacific Legal500, has also been recommended as Leading Firm in the areas Our aim is to provide consistently high-quality advice, of Corporate and M&A, Real Estate, Projects and energy, understanding the commercial environment in which our Dispute resolution, Insurance, Banking, Finance & Capital clients operate. We offer in-depth local knowledge and a Market. Our Partner-lawyer is consistently listed in the elite uniquely global perspective.

'Leading Lawyers' list as 'Leading Individual' by the Asia Pacific Legal500. The firm and its partner-lawyer are also The firm is structured around the following specialised ranked consistently by other international independent practice areas: credential bodies including Shippinglawyers.NET, SALK,  Ship Arrest and Release Lloyds List, ABLJ, Economic Times, The New York Times, Chamber Practice, ILFR, Euromoney etc.  Shipping & Shipping Litigation  P& I and Marine

Insurance

An ambition to be India's premier law firm underpins our strategy. We aim to achieve this goal through sustained investment in managing knowledge and information and by creating a working culture in our offices that enables our people to offer consistently high standards of client service.

The Firm's domestic and international clients range from privately owned to publicly listed companies, including Fortune 500 entities.

Brus Chambers aims to provide clear; concise and practical advice based on in-depth knowledge of the legal, regulatory and commercial environment within which our clients operate and with a full understanding of their

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FEBRUARY 2021 SwiftNLift

Binita Hathi (Ms) Practicing Partner overall business objectives.

Given a rich human resource base, the firm has the ability to assemble dedicated teams of professionals with the requisite expertise to meet client requirements and handle complex and large transactions.

professional and ethical responsibilities the firm places upon them. We are committed to enhancing the firm's reputation for client service. We believe it is important to build long-term relationships with our clients in order to anticipate the legal and regulatory implications of commercial opportunities and to resolve problems and disputes affecting our client’s businesses at an early stage.

Each client has a dedicated partner who leads, coordinates, and is directly responsible to meet client requirements efficiently. The ability to respond to client requirements We are acutely conscious of the fact that legal services and to render the highest level of services is fundamental are needed to be timely, economical and efficient. Our longstanding client relationships have been built based on to the approach of the firm towards its clients. a strong commitment to quality of service, where value of In this new era of globalisation where the work force is our experience and expertise is realized. We determine as intermingled as modern culture, it is the objective of the nature and extent of our involvement in matters at Brus Chambers to provide our clients with the latest and the outset based on resourcing and monitoring criteria. the most appropriate strategies using analytical tools and Efficient management of large-scale transactions and cases management science, encompassing when required legal is a particular strength of the firm. We are experienced minds practicing in various jurisdiction, to serve the in drafting, negotiating, organizing and managing profession and further legal issues. transactions within tight time-scales.

Brus Chambers actively engages in lobbying for better strategies.

Our core values embrace the highest professional standards and build supportive and strong relationships with clients.

These values are communicated throughout the firm and serve to instill in all our lawyers a full appreciation of FEBRUARY 2021 SwiftNLift

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MARITAL RAPE: RAPE: A CRIME

Marital rape or spousal rape is the act of sexual intercourse with one’s spouse without the spouse’s consent.

The lack of consent is the essential element and need not involve physical violence. Marital rape is considered a form of domestic violence and sexual abuse. Although, historically, sexual intercourse within marriage was regarded as a right of spouses, engaging in the act without the spouse’s consent is now widely classified as rape by many societies around the world, repudiated by international conventions, and increasingly criminalized.

Marital rape is more widely experienced by women, though not exclusively. Marital rape is often a chronic form of violence for the victim which takes place within abusive relations. It exists in a complex web of state governments, cultural practices, and societal ideologies which combine to influence each distinct instance and situation in varying ways. The reluctance to criminalize and prosecute marital rape has been attributed to traditional views of marriage, interpretations of religious doctrines, ideas about male 20

and female sexuality and to cultural expectations of subordination of a wife to her husband—views which continue to be common in many parts of the world. These views of marriage and sexuality started to be challenged in most Western countries from the 1960s and 70s especially by second-wave feminism, leading to an acknowledgment of the woman’s right to self-determination (i.e., control) of all matters relating to her body, and the withdrawal of the exemption or defence of marital rape.

Domestic violence in India is an entrenched problem and it has only been exacerbated in the recent years. About 70 per cent of women in India are victims of domestic violence. National Crime Records Bureau’s (NCRB) ‘Crime in India’ 2019 report was worrisome but not startling. As per the report, in India, a woman is raped every 16 minutes, and every four minutes, she experiences cruelty at the hands of her in-laws. An analysis of National Family Health Survey (NFHS) 201516 data indicates that an estimated 99.1 per cent of sexual violence cases

go unreported and that the average Indian woman is 17 times more likely to face sexual violence from her husband than from others. In spite of the recent amendments in the criminal law, various laws meant to protect women from domestic violence and sexual assault have largely remained ineffective. But what happens when laws provide a safeguard to the culprits and endanger the victims?

The aforementioned paradox is not mere fiction but exists as a reality in the Indian Penal Code.

One of the most horrifying and repressive issues with the Indian legal regime is that marital rape is perfectly legal. Marital rape, the act of forcing your spouse into having sex without proper consent, is an unjust yet not uncommon way to degrade and disempower women.

Today, it has been impeached in more than 100 countries but, unfortunately, India is one of the only 36 countries where marital rape is still not criminalized. In 2013, the UN Committee on Elimination of Discrimination Against Women (CEDAW) recommended that FEBRUARY 2021 SwiftNLift

the Indian government should criminalize marital rape. The JS Verma committee set up in the aftermath of nationwide protests over the December 16, 2012 gang rape case had also recommended the same.

Despite that, rape laws in our country continue with the patriarchal outlook of considering women to be the property of men post marriage, with no autonomy or agency over their bodies. They deny married women equal protection of the laws guaranteed by the Indian constitution. Lawmakers fail to understand that a marriage should not be viewed as a licence for a husband to forcibly rape his wife with impunity. A married woman has the same right to control her own body as does an unmarried woman.

The concept of marital rape in India is the epitome of what we call an “implied consent”. Marriage between a man and a woman here implies that both have consented to

FEBRUARY 2021 SwiftNLift

sexual intercourse and it cannot be otherwise. The Indian Penal Code, 1860, also communicates the same.

Section 375 defines the offence of rape with the help of six descriptions.

One of the exceptions to this offence is “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under 15 years of age, is not rape”. However, the United Nations Declaration on the Elimination of Violence against Women defines violence against women as “any act of gender-based violence that results in, or is likely to result in, physical, sexual, or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life.”

Section 375 (Exception) of Indian Penal Code is inconsistent with and violative of these principles and Article 1 of CEDAW. Further, the Supreme Court has included sanctity of women, and freedom to make choices related to sexual activity under the ambit of Article

21. Therefore, this exception clause is violative of Article 14 and Article 21 of the Indian Constitution, since it is arbitrary and violates the Right to Life of married women.

Essentially, Section 375 (Exception) creates a classification not only between consent given by a married and unmarried woman, but also between married females below 15 years of age and over 15 years old.

Such a classification does not pass the test of “intelligible differentia” and is, therefore, prima facie in contravention to the Right to Equality enshrined under Article 14. In 2017, a PIL was filed by Independent Thought, an NGO, challenging this unintelligible classification and claiming that married women over 15 years of age should also be afforded this protection. The Supreme Court concurred with these averments to some extent and extended the age limit in Section 375 from 15 years to 18 years.

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ABRISE LEGAL CONSULTANTS A powerhouse of zeal and experience, Richa Joshi is the founder of Abrise Legal Consultants the firm's face for client relationships. Apart from racking her brains for business development of the firm, she mostly represents media and entertainment companies, advertising agencies and pharmaceutical companies. She ensures that the brand name of the client is safeguarded and their intellectual properties are secure. Her expertise in drafting and vetting of intellectual property agreements means that licensing and IP transfer agreements usually find their way to her table. Having worked for law firms in Mumbai and Delhi, she has brought her varied experience to Abrise Legal team. The steadfast determination and capability have led to her continuous retention as a counsellor for many media & entertainment businesses.

Being a fan of the written words, she is a member of the Film Writer's Association and also helped out authors and producers regarding copyright laws.

While not busy planning the expansion of the firm in Gujarat, Delhi and other national & international areas, she hopes to open an NGO for protection of animals.

Holding a Bachelor's degree in Law from Rizvi College, Mumbai, she is also an active member of Bar Council of Maharashtra and Goa.

About Abrise Legal

The Top 5 Most Leading Women Lawyers To Follow In 2021

possible solution.  A team of an optimal size that provides cost effective services of a high quality.  Commitment to nurturing long term relationships through applaudable services.

client

Our Principles  Contribution in economic and non-economic terms, recruitment, mentoring and training, involvement in community services.  Behavioural commitment to excellent service, adhering to the policies of the firm, respect for others, easy accessibility and availability and proper teamwork.  Character honouring commitments, enhance the reputation of the firm and display ethics of a high standard.

Practice Areas Intellectual Property Laws Intellectual property and rights have become important and have gained the status of essential commodities which need to be protected at all costs. In India, IP laws are safeguarded through well-established statutory, administrative and judicial frameworks.

More often than not clients get confused by all the legal terminology that the lawyers throw around assuming The following falls within the purview of IP laws in the everyone to be a seasoned pro. But we at Abrise Legal firmensure that those who approach us are not muddled due  Identification, registration and protection of to the legal jargon and proceedings. Adopting a nontrademarks, copyrights, designs and patents in India stereotypical approach, we minimize legal delays and and abroad bring effectiveness in the turnaround time.  Management of Global IP portfolio and intellectual property due diligence The Trust Factor  We provide legal services of an extremely high quality Legislation and are guided by a result driven approach.

In general sense, legislation is a law that has been  Being a client centric firm, we lend ears to your woes promulgated by a legislature or a governing body. and keep our noses to grindstone to find the best Legislation serves the purpose of regulating, authorizing, 22

FEBRUARY 2021 SwiftNLift

Richa Joshi Founder outlawing, sanctioning, granting or restricting activities in the country. Given that administrative body comes up with different legislations to serve various needs, the firm keeps itself updated with the same. This helps us serve the clients better by walking them through the different laws and sorting out which affects their matter directly.

between people from the entertainment industry  Talent management of artists through contract negotiations and other means like publicity agreements, endorsement agreements, performance rights management Human Resources, Labour and Employment Laws

Arbitration is a procedure wherein a dispute is submitted, on agreement by both the parties to arbitrators in order to have a binding decision. This helps solve the dispute without going to the court.

Arbitration is one of the many methods of dispute resolution and is ultimately guided by the laws of the country.

Hiring and retaining employees is not an easy job. Abrise Legal helps you with organizational processes by providing advice in the domain of legal and industrial laws. The firm helps clients in drafting of employment agreements, policy manuals, employee incentive programs and benefit schemes.

Media, Broadcasting, Technology and Telecommunications

 Relationship between employer, employee and the government

These set of laws provide necessary legal services to the stakeholders in the entertainment industry.

Film, television, music, advertisement, internet and publishing industries fall under this ambit. The firm covers and is not limited to the following aspects of entertainment law-

 Scrutiny of the organizational policies related to recruitment, interview, hiring and termination of an employee.

The following fall in the purview of Labour and Employment laws-

 Application of contract, employment and intellectual property principles in interactions FEBRUARY 2021 SwiftNLift

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The Top 5 Most Leading Women Lawyers To Follow In 2021

SOLOMON & CO

Solomon & Co. is a full-service law firm headquartered in Mumbai, the financial and commercial capital of India, with offices in Mumbai and Pune. Founded in 1909, the firm is ranked amongst the most reputed law firms in the country.

The firm provides high-value legal services across a broad range of practice areas, including Corporate, Mergers and Acquisitions, Business and Trade, Banking and Finance, Capital Markets, India entry, Private Equity, Dispute Resolution, Real Estate

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and Construction, Insurance and Intellectual Property. Since its inception, Solomon & Co. has been advising Indian and international companies, government organizations and individuals on their most challenging transactions. Our clients range from global banks, investment funds and high networth individuals to not-for-profit organizations.

Our lawyers are highly skilled professionals who are adept at providing practical and innovative solutions to complex legal issues. Having practiced both in India and abroad, they have the ability to

FEBRUARY 2021 SwiftNLift

Komal Aaron Solomon Senior Partner

comprehend a wide range of issues across various sectors. The team is result-oriented and is trained to emphasize client service, clarity, and efficiency. We pride ourselves on delivering excellent client-focused approach.

We realize that excellent legal practice requires both profound legal knowledge as well as an understanding of the local jurisdiction. To fully assist clients on assignments in other parts of India, we routinely work with locally based correspondent lawyers with access to the local knowledge and contacts in over 40 Indian cities, including New Delhi, Bangalore, Hyderabad, Chennai, Ahmedabad, Kolkata.

FEBRUARY 2021 SwiftNLift

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The Sexual Harassment of Women at Workplace Supreme Court, in Vishaka v State of Rajasthan. In the absence of any law at that time providing measures to check the evil of sexual harassment of working women, the Supreme Court, in exercise of power available under Article 32 of the Constitution, framed guidelines to be followed at all workplaces or institutions, until a legislation is enacted for the purpose. The Supreme Court incorporated basic principles of human rights enshrined in Constitution of India under Article 14, 15, 19(1) The need for such legislation (g) and 21, and provisions of was observed first time by the Convention on Elimination of All Forms of Discrimination Sexual harassment at a workplace is considered violation of women's right to equality, life and liberty. It creates an insecure and hostile work environment, which discourage women's participation in work, thereby adversely affecting their social and economic empowerment and the goal of inclusive growth. With this idea the legislature formulated the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013.

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against Women (CEDAW), which has been ratified in 1993 by the Government of India.

The guidelines laid down by the Supreme Court were to be treated as the law declared under Article 141 of the Constitution.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 ("the Act") was enacted with the objective to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matter connected therewith or FEBRUARY 2021 SwiftNLift

incidental thereto.

harassment. These are:

The Act defines sexual harassment as unwelcome acts or behaviour (whether directly or by implication) namely, physical contact and advances, a demand or request for sexual favours, making sexually coloured remarks, showing pornography any other unwelcome physical, verbal or non-verbal conduct of sexual nature. Any act of unwelcome and sexual nature shall be considered as sexual harassment.

 Implied or explicit promise of preferential treatment in her employment; or  Implied or explicit threat of detrimental treatment in her employment; or  Implied or explicit threat about her present or future employment status; or  Interference with her work or creating an intimidating or offensive or hostile work environment for her; or

is that it envisages the setting up of Internal Complaints Committee at every office of the organisation or institution, having more than 10 employees, to hear and redress complaints pertaining to sexual harassment.

Where the number of employees is less than 10, the Act provide for setting up of Local Committee in every district by the District Officer. The committee while inquiring into such complaint shall have the same power as vested in a civil court.

Humiliating treatment likely An aggrieved woman can file The Act also provides the  a written complaint to ICC/LC to affect her health or safety. circumstances under which an act may amount to sexual The important feature of the Act from three months from the date FEBRUARY 2021 SwiftNLift

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have the same powers as are vested in a civil court. The committee has to complete the inquiry within a period of 90 days. The committee can give certain interim reliefs to the aggrieved woman during the pendency of the inquiry.

of the incident and in case of series of such incidents within three months from the last such incident. However, any delay in filing the complaint can be condoned by the committee upto further three months. In case of physical or mental incapability of the aggrieved woman, her legal heirs or such other person as described in Rule 6 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 ("the Rules") may make a complaint.

On receiving the complaint, the committee, before initiating an inquiry, may take steps to settle the matter between her and the respondent through conciliation and when a settlement is arrived no further inquiry is conducted.

If the conciliation fails or any 28

The committee within 10 days after completion of the inquiry shall provide the report of its findings to the employer/District Officer and the concerned parties. When the allegation against the respondent has been proved the committee shall recommend the employer/District Officer to take action for sexual harassment as misconduct in accordance with provisions of service rules or where no such rules have been made, as prescribed in Rule 9 of the Rules and to pay such sum to the aggrieved woman as it considers appropriate, in term of the settlement arrived at accordance with the provisions has not been complied with by of section 15, from the salary of the respondent, the committee the respondent. The employer/ shall proceed further with the District Officer shall act upon inquiry. the recommendations within 60 In case of a domestic worker, days. the Local Committee shall, if In case of filing of false or prima facie case exists, forward malicious complaint or false the complaint to the police, evidence the committee may within a period of seven days recommend to the employer or for registering the case under District Officer to take action in Section 509 of Indian Penal accordance with the provisions Code or any other relevant of service rules or where no provisions of the said Code such service rules exist, in such where applicable. manner as prescribed in Rule 10 Where both the parties are of the Rules. employees, the principle of An appeal can be filed against natural justice is followed and the recommendations made by both the parties are heard and the committee before the court opportunity is given to make or tribunal, within 90 days representations against the from the recommendations, findings of the committee. in accordance with service For the purpose of making an rules and in absence of service inquiry, the committee shall FEBRUARY 2021 SwiftNLift

rules, to the Appellate Authority under Section 2 of the Industrial Employment (Standing Orders) Act, 1946.

There is a prohibition on publication of identity of the aggrieved woman, respondent, witnesses, contents of the complaint, inquiry proceedings or recommendations of the committee, except information regarding the justice secured to any victim of sexual harassment.

In contravention of Section 16 of the Act, such person shall be liable for penalty in accordance with service rules and in absence of service rules, in accordance with Rule 12.

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The Act lays down certain duties of the employer and District Officer under Section 19 and 20 respectively such as creating awareness on sexual harassment at workplace, sensitize the employees, assist the complaints committee in conducting the inquiry, act upon recommendations of the committee, monitor timely submissions of reports of the committee etc.

or withdrawal, or non-renewal, or approval, or cancellation of the registration, as the case may be.

Even though the Act is in force since 2013, the awareness regarding consequences of sexual harassment and its redressal against the same is limited.

The effective implementation of POSH Act not only requires creating an environment where women can speak up about their The non-compliance of the grievances without fear and get provisions of the Act by the justice but sensitization of men employer may result in fine towards treatment of women at which may extend to fifty workplace is equally necessary. thousand rupees and can also lead to cancellation of his license

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WOMEN IN THE Women’s entry and rising representation in the legal profession is one of the most remarkable, some claim “revolutionary”, changes to the legal profession.

Women’s entry to law raises several questions.

Since gaining admission to the profession, have women successfully entered all legal specialties, practice settings and higher echelons of status and influence? What barriers to gender equality persist within the profession? How have women lawyers responded to the organizations in which they work, particularly when these organizations have been reticent to change or resisted change altogether?

More profoundly, has women’s presence and rising status in the legal profession stimulated change in either the substance of law or the organization and activities of lawyers? Historical and comparative research has documented women’s arduous battles to gain entry to the profession through litigation, lobbying efforts, formal appeals to law societies, 32

and at times their engagement in legal work on the boundaries of professional jurisdictions.

The next significant hurdle confronting women was the search for employment. Early studies of lawyers revealed that even women with training at elite law schools faced employment discrimination that was openly practiced. Women who secured legal work were often offered opportunities in lowstatus specialties deemed suitable for women, such as probate law and family law. They received lower pay, were denied partnerships and rarely served on the bench. Discrimination and exclusion in various forms persisted well into the twentieth century for women lawyers.

The experiences of practicing law appear to be highly gendered. An array of task force reports and scholarly articles document that many women lawyers face gender discrimination, including sexist behaviour, harassment, demeaning FEBRUARY 2021 SwiftNLift

LEGAL PROFESSION comments and a negative courtroom environment.

These experiences are shaped by gender stereotypes and double standards that operate to the detriment of women’s professional opportunities. Persistent gender stereotypes obstruct the availability of broad options and choices for men and women lawyers.

Promotion and Upward Mobility How do women lawyers fare when it comes to promotion and upward mobility? Most research on this topic has focused on law firms, especially large or elite firms oriented toward corporate clients. A smaller number of studies have examined other FEBRUARY 2021 SwiftNLift

legal work settings. In law firms, the critical transition is promotion to partnership. Traditionally, law firm partners own equity shares in the firm, enjoy job security and extensive autonomy in their work and participate in the governance of the firm. Although these benefits have been attenuated in many firms in recent decades as the market for legal services has grown more competitive, partnership remains more rewarding and desirable on many dimensions than other statuses within law firm organizations.

Women’s substantial representation within the legal profession is a relatively contemporary phenomenon.

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Progress is evident. Women are pursuing legal education in rising numbers, achieving and exceeding parity with men in many law schools, and recent cohorts of women are securing employment across the range of firm sizes and diversity of practice settings in equal proportions to men. Yet, gender imbalances continue across substantive practice areas, although sex segregation no longer persists as overwhelming male or female domination within specialties. Gender differences emerge more strikingly, however, in career mobility, specifically with reference to partnerships in law firms, promotions in various settings, and subsequent hiring or job moves. There is also an enduring sizeable earnings gap between men and women in the practice of law. Women continue to confront gender stereotypes and double standards that operate to the detriment of professional opportunities.

Although instances of overt discrimination appear to have declined, sexual harassment has yet to be eliminated, and women continue to confront the profession’s lack of accommodation for family re sp ons ibi l it i e s , as well as negative career repercussions

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associated with motherhood. Although women, and to a lesser extent man, appear well aware of gender bias in the profession, career satisfaction levels appear similar between women and men.

Gender differences emerge with reference to specific aspects of satisfaction, with women less satisfied with their promotion prospects, recognition for work, salaries, job security and work/life balance. Although research does not support the idea that women value different aspects of their work, it does seem that women may process their dissatisfaction differently, perhaps as the result of gender socialization or their gendered professional identity formation in law. Considering less desirable working conditions and blocked career advancement, it is perhaps not surprising that women are more likely to make lateral moves or to depart from the profession entirely. Despite evidence of gender inequalities, women are passing through the proverbial glass ceiling and, through leadership roles within firms and organizations, challenging traditional career models and creating new innovative workplace arrangements and policies. Women lawyers and judges have influenced substantive law and judicial decision making, though perhaps not as the result of a “different voice” or gendered style of legal reasoning. New issues emerge as women enter the highest echelons of practice and attain a critical mass of influence.

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