3 year's practice don't follow on women's in judiciary by Justice Nagarathna #law #highcourt #yt

While some, like Justice BV Nagarathna, have argued that practical courtroom exposure is essential for all lawyers and does not necessarily create a disadvantage, the Supreme Court of India, including Chief Justice Surya Kant, has raised serious concerns that this rule disproportionately impacts women Key Perspectives on the 3-Year Rule Affecting Women: Disproportionate Impact & "Indirect Discrimination": The Supreme Court observed that the 3-year mandatory practice condition is "indirect discrimination" against women. While neutral on paper, it affects women more than men due to structural societal pressures. Social & Familial Pressures: CJI Surya Kant highlighted that young women face severe anxiety due to this rule. Often, they face familial pressure to marry or settle down, making it difficult to sustain a 3-year "brief-less" or low-paying practice phase, forcing many to abandon or delay their judicial ambitions. The "Vacuum" Effect: The requirement creates a "vacuum" for three years immediately after graduation, which acts as a deterrent for many young, talented women who previously entered the judiciary directly. Safety and Environment in Litigation: Studies suggest that 81.3% of women lawyers find their journey harder than men, citing unsafe environments and lack of mentorship, making the mandatory 3-year practice a significant barrier. Contrary View: Some, including Justice Nagarathna, believe that these three years are necessary for building the "maturity and skills" required for a competent judge and that this experience is not a "loss of life" but essential training While the Supreme Court is currently reviewing this, the prevailing concern is that it negatively affects women's participation, particularly when they make up a significant portion of potential applicants and serving junior judicial officers

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