HCBA Rules Out Allotting Women’s Quota in Upcoming HCBA Polls – Times of India

Report on Gender Representation and Sustainable Development Goals in the High Court Bar Association, Nagpur

Executive Summary: Alignment with Sustainable Development Goals

A recent decision by the High Court Bar Association (HCBA), Nagpur, to reject the implementation of a 30% reservation for women in its 2026–2029 elections presents a significant challenge to the advancement of several Sustainable Development Goals (SDGs). The decision, attributed to procedural constraints, directly impacts SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities), and SDG 16 (Peace, Justice, and Strong Institutions). This report analyzes the situation through the lens of these global development objectives.

SDG 5: Gender Equality and Women’s Leadership

The core issue revolves around the failure to ensure women’s full and effective participation and equal opportunities for leadership in decision-making bodies, a key target of SDG 5.

• Demand for Representation: A formal representation, supported by over 150 women lawyers and led by former executive committee member Priti Rane, called for a 30% quota for women in the HCBA’s governing body. This initiative is a direct effort to achieve Target 5.5 of the SDGs.
• Institutional Response: The HCBA cited that the election schedule had already been notified, making it technically unfeasible to introduce the reservation policy at this stage.
• Impact on SDG 5: This deferral obstructs immediate progress towards gender parity within a key institution of the legal community, postponing the structural changes necessary to empower women in leadership roles.

SDG 16: Peace, Justice, and Strong Institutions

The controversy highlights the ongoing struggle to build effective, accountable, and inclusive institutions at all levels, as mandated by SDG 16. An inclusive bar association is fundamental to a just and equitable legal system.

1. Legal Framework for Inclusivity: The petition filed by the women lawyers referenced several landmark judicial precedents to support their demand for fair representation. These include:
   • Supreme Court Bar Association versus BD Kaushik
   • Fauzia Rahman vs Bar Council of Delhi
   • Diksha Amruthe vs State of Karnataka
2. Call for Institutional Reform: The plea urged the election committee to adopt a formal reservation policy, aligning its governance structure with directives from higher courts and the principles of SDG 16, which call for responsive, inclusive, and representative decision-making.
3. Parallel Governance Reforms: A separate demand for the implementation of the ‘One Bar, One Vote’ principle, which the high court has directed to be enforced, further underscores the push for greater transparency and accountability within the association.

SDG 10: Reduced Inequalities

The rejection of the women’s quota perpetuates gender-based inequality within the leadership of the legal profession, running counter to the objectives of SDG 10.

• Structural Barriers: The absence of affirmative action measures like reservations can entrench existing disparities, making it difficult for women to achieve representation proportional to their membership in the association.
• Judicial Intervention: The matter is now subject to judicial review, with a hearing scheduled before a regular bench on November 6. The outcome will be pivotal in addressing systemic inequalities within the professional body.
• Future Commitment: While rejecting the current demand, HCBA officials have stated that the proposal will be considered for future elections, acknowledging the principle of greater female representation but delaying its practical application.

Analysis of SDGs, Targets, and Indicators

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 5: Gender Equality

  This goal is central to the article, which revolves around the demand by women lawyers for a 30% reservation in the High Court Bar Association (HCBA) elections. The core issue is the lack of “fair representation for women” and the push for gender equality within the leadership of a key legal institution. The representation submitted by Priti Rane, supported by over 150 women lawyers, is a direct call to action to achieve gender equality in decision-making bodies.

• SDG 16: Peace, Justice and Strong Institutions

  This goal is relevant as the article discusses the governance of the HCBA, which is an integral part of the justice system. The demand for reservation and the “One Bar, One Vote” principle are efforts to make the association a more “inclusive,” “participatory,” and “representative” institution. The reference to judicial precedents and Supreme Court directives underscores the importance of the rule of law in strengthening these institutions.

2. What specific targets under those SDGs can be identified based on the article’s content?

• Target 5.5: Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life.

  The article directly addresses this target. The demand for a 30% quota for women in the HCBA’s governing body is a specific measure aimed at ensuring women have equal opportunities for leadership roles within their professional association, which constitutes a significant aspect of public and professional life for lawyers.

• Target 16.7: Ensure responsive, inclusive, participatory and representative decision-making at all levels.

  The petition filed by the women lawyers seeks to make the HCBA’s decision-making process more inclusive and representative of its female members. By demanding a revision of the election notification to include reservation, they are advocating for a more responsive governance structure that reflects the diversity of its constituents. The HCBA’s current refusal, citing procedural limitations, highlights the challenges in achieving this target.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• Indicator for Target 5.5: Proportion of seats held by women in decision-making bodies.

  The article provides a clear, quantifiable indicator. The demand is for a “30% reservation for women” in the HCBA’s governing body. Progress can be measured by tracking the actual percentage of seats held by women in the association’s executive committee before and after any potential policy change. The current number of women on the committee versus the proposed 30% quota is the specific metric implied.

• Indicator for Target 16.7: Proportion of positions in public institutions held by women.

  This is directly implied by the call for “fair representation for women.” The indicator would be the proportion of positions on the HCBA executive committee held by women compared to the total number of women members in the association. The article’s focus on a 30% quota provides a specific benchmark to assess whether the institution’s leadership is representative of its membership.

4. Create a table with three columns titled ‘SDGs, Targets and Indicators” to present the findings from analyzing the article.

Source: timesofindia.indiatimes.com