Gender Parity Is A Human Fight: Senior Advocate Mahalakshmi Pavani

Ms Pavani, you are a Senior Advocate par excellence. Additionally, you juggle between multiple roles as President of SCWLA and Senior Executive Committee member, SCBA. Would you take our readers down memory lane and share with us how this illustrious journey towards excellence in law began?

"What comes easy, goes easy"- This has been always been my motto.

Although I can't say about excellence as I'm still learning, my journey began from juggling between different courts and different matters of my late Senior Advocate in Bangalore. From High Court to Mayo Hall Court to Sessions Court and consumer forums, I used to work from morning till night. I used to observe a lot. I used to watch senior counsels and other counsels argue their cases that helped me imbibe the skills of advocacy.

I believe that you are never too old to learn about something new. At every stage of life, you learn and this is something that I have always enjoyed. I always try to give my best in whatever I do as I am passionate about my work. 

Always remember that, "Patience is the key to excellence".

You are known as the woman who took the Nirbhaya case lawyers to task. The concept ‘consent’ has again taken centre stage as India is debating on criminalising marital rape. What are your views on criminalising marital rape while laying the groundwork for eliminating deep seeded gender bias?

Deep-seated gender bias is totally different from criminalizing Martial Rape. Yes, there has to be punishment for misogynistic speeches or hate speeches including misogynistic content against women but I’m not in favour with Marital Rape being criminalized for many reasons both pros and cons and this being a private matter between two individuals, state should not tinker with the same. 

There are various other factors that can ensure the husband is punished for his misdeeds against the wife. Right to privacy is now a fundamental right and I strongly feel it should be respected. 

Rising misuse of laws made to safeguard the women in our society cannot prevent the legislation from making laws merely on the ground that it might be misused. Every statement has two perspectives, one is positive and another negative. Merely on the basis of the stance that the negative perspective can cause a serious miscarriage of justice, cannot stop the lawmakers from drafting a law that can benefit no matter lesser than the damage it can cause. 

For long now, in the history of imparting a safer environment to women through various laws, it has compromised the safety of the men from legal impediments. 

Marital Rape should not be brought within the purview as it is too risky. If marital rape were to be criminalised, how would a man prove he did not rape his wife if she complains of an incident that occurred five years ago and they have children who had been born out of wedlock? Women will start using this as a revenge mechanism and genuine cases don’t get justice. Today, a woman needs nothing else but her statement to file a rape case. Any evidence put forth by the accused is rarely considered by the police. 

Time and again the court has tried to make it clear that any misuse of law would be considered a serious offence yet it fails to safeguards the victims of such misuse, especially men. If we are talking about protecting the dignity of women, we need to also talk about protecting the dignity of men against false accusations. The Constitution doesn’t discriminate on the basis of gender. It’s time that our lawmakers and judiciary also did not.

The problem of backlog of cases in the lower judiciary is acute. In this regard, you had written a letter to the Minister of Law and Justice - Shri Kiren Rijiju seeking urgent reforms for improving the overall administration of Justice. What would be your top three easy to implement solutions to make speedy justice delivery a reality in 2022?

According to me, top three easy to implement solutions to make speedy justice delivery a reality in 2022 would be as follows:

1. Representation of women in the Higher Judiciary of the country

Most of the High Courts don’t have women judges. Women practicing in Supreme Court as Advocates or Advocates on Record, who have requisite experience of 20 years and have a fruitful practice are neglected. These talented and competent women who have reached the pinnacle of success have great knowledge of law and have been dealing with all kinds of litigation from all States, but are treated as orphans. No High Court is willing to accept them. Such women should be considered for appointment to the Higher Judiciary of the Country. The infrastructure should be improved with better wifi/internet connectivity, employing tech savvy staff, giving protection to judges, having good facilities like a hygienic canteen serving healthy food at subsidised rates, well equipped library, undisrupted electricity, crèches, and clean toilets for an overall improvement in the quality of delivery of justice.

2. Evening courts should be made available for 3-4 hours after normal working hours of the Courts

Such courts can hear small cause cases i.e. cases which don’t require more than a predicted finite hearings, such as motor vehicle claims, traffic cases, tax cases, insurance claims and such cases that the Hon’ble Judiciary may think fit. 

This would again be of dual importance- Firstly, it would be utilitarian as the same Court complex and facilities can be used by the evening Court and there won’t be a need for the new establishments. Secondly, it would hopefully result in Speedy and Effective justice.

Another factor the government could consider is having virtual evening courts that would definitely bring down the backlog drastically especially when the virtual platform has been successful in the pandemic period.

3. Compulsory District Court internships for Law students in the remotest area

The students in their 4th and 5th year of law should have sufficient knowledge of law and about the procedure that district courts follow daily.

Aspirants who wish to practice litigation, should start their internships from the District Courts It will help them to understand the basic procedure of law and the rules of evidence and also could be an additional hand to help the judge deal with cases by helping in research, drafting, proof reading etc.  This could immensely benefit the students in being given a first-hand opportunity to see the workings of the first step in the ladder of the Litigation and Judiciary.

3. At the BW Legal World Dialogue with Women Leaders in Law, Justice Gita Mittal had said that Courts are symbolic of society and 50% of the women population is not adequately represented at the Bench. What are your thoughts on ensuring gender diversity and inclusivity at the Bar and the Bench?

Gender Parity, Diversity and Inclusivity has been always been a major concern for me, and so I’ve spoken widely about it. 

The issue of gender parity is a human fight and not a female fight. The legal profession continues to suffer from gender inequalities. Women advocates are consistently denied a place in the decision-making high table. The representation of women advocates in the higher judiciary, senior designation and amongst arguing counsels is still negligible and shows that claims of gender equality in the legal profession are far from the truth despite the increasing number of women law graduates. Women constitute around just 10 per cent of the higher judiciary in the country. 

I argued for gender parity before a constitutional judge bench in NJAC judgment wherein I represented to them that none of the women advocates practicing at the Supreme Court are elevated. Despite that, no elevation has taken place.

I cannot say for the High Courts but the Supreme Court Bar has wonderful, morally incorruptible, talented ladies, who have reached the pinnacle of success as Advocates and as Advocates on Record, they have requisite experience of 20 years and have a fruitful practice. Experienced, integrity driven, competent and tenacious women practicing in the Supreme Court of India should be considered for appointment to all High Courts.

This would to some measure help in solving the issue of adequate representation of wise, experienced, diligent and independent lady judges.

Another factor that I have witnessed is clients too by and large have more faith in the male advocate than a female. No high stake case is given to a lady advocate, all politicians and high profile cases want the best male advocate to represent them but not a woman. Since India is primarily a country with a patriarchal mindset, women, not only in law but  in other fields bear the brunt and suffer. 

Shri Pavani Parameswara Rao was a widely acclaimed doyen of constitutional law. You have recently edited and authored the book on his great legacy titled Parmeswara to P.P., Could you please tell our readers about the journey of bringing the personal account of a distinguished legal luminary to life.

The book, "Parameswara to P.P." is a personal account of the distinguished Senior Advocate and my beloved Late Father in-Law, Shri PP Rao. 

The book encapsulates his desires and vast experiences which were penned down by Shri PP Rao himself but remained incomplete due to his sudden demise. The unfinished reminisces of Shri PP Rao's experiences have been complemented with a series of articles by eminent members of the legal world in memoriam of Shri PP Rao.

I actually wanted to let our readers know, especially the young budding lawyers of the country, the hard work and the diligent attitude he carried all these years which led him to the path of success. Coming from a remote village to being known as one of the most eminent legal luminary in the country, he was a hard task master. It was his desire that I fulfilled of bringing out his writings, because his rich and vast experiences could give lot of guidance and inspire many young entrants in the field of law.

Today's generation is of the view that everything is an overnight success. They want to be spoon fed. There is a saying that, "Rome was not built in a day". It took a lot of years and hard work of several people to be known as the world's most beautiful city. Similarly, the life of all these legal luminaries was not something that they built overnight. 

They have faced their share of ups and downs. They have been through hardships. They have their own story. It was a period of their hard work, toil and perseverance that made them who they are today. Unfortunately today the profession has become a business today and all youngsters want to make a quick buck and have their halo of fame in the shortest span of time.

What has been your biggest learning from 2021?

The Past two years were something that no one had ever imagined to face in their lives. People experienced multiple losses during the COVID-19 pandemic. Some were unable to be with a loved one when they died. Some were unable to mourn someone’s death in-person with friends and family. Some lost their jobs. Many faced changes in their lifestyle. These losses complicated and delayed people's ability to adapt, heal, and recover.

I myself lost my beloved mother during the second wave of the pandemic in April. I couldn't even spend the last days of her life with her or even bid her goodbye for the last time as I myself was lying on the death bed of Corona.

The year 2021 was an eye opener for every living human being. People should not take life for granted. They should count their smallest blessing and be grateful for the life they have been blessed with.

People should practice gratitude and be kind. They should love and respect so that they never have regrets. One should live life to their best, just as there is a saying- "You only live once". It is best to live in the “Now”.

Did you have mentors or role models in the profession?

I had many role models, Sri. Udaya Holla, Senior Advocate being my first.  I must mention that he is the reason I became an advocate.

My other  mentor was my  late Senior Sri. K.C Shiva Subramanium who taught me the nuances, punctuality, honesty and said 2 and 2 doesn’t become 5 even if Palkhiwala had to appear opposite me. 

When I started my practice with Supreme Court, I used to look up to eminent advocates and jurists such as Harish Salve Sir, Gopal Subramanium Sir, Lordships Rohinton Nariman and  L. Nageswara Rao.

My biggest inspiration was my dearest late father in law, Shri PP Rao. He was an extremely erudite advocate and an epitome of hard work, perseverance and ethics. His submissions and arguments gave an insight into the intricacies of the laws. Coming from a remote village to being known as one of the most eminent legal luminary in the country, Shri PP Rao was a true inspiration. He was humble, hospitable, had a great sense of humour,  did a lot of charity and was a remarkable  Human Being.

Which has been your most memorable case until now?

My most memorable case was where I got the order of reinstatement of 1,357 engineers belonging to the Scheduled Castes and Scheduled Tribes title M.P. Prabhu v. State of Karnataka & others, CIVIL APPEAL NOS. 9337-9352 OF 2015.

This case was quite challenging for me as it was listed before Hon’ble Justice Khehar and Justice Bhanumathi and a similar matter of appointment pertaining to Upper Krishna project of 417 engineers was dismissed by a division bench consisting of Hon’ble Justice Chauhan and Justice Khehar.

The clients could not even afford any Senior Advocate and they had lost their case in Karnataka Administrative Tribunal (KAT) as well as in the High Court of Karnataka. Hence, the entire burden of those people fell on my frail shoulders as I was the AOR. It was a herculean task, as Justice Khehar was known for his sternness and temper.

I argued the matter for two days and was able to convince the bench the error of the high court  and at last, won the case. My arguments had created an impact and I was praised for the same by the Hon’ble Court. Justice Khehar told my late Father in-Law Shri P.P. Rao that he had passed his legacy to the most capable person he knew. He appreciated my hard work and sincerity and applauded on how I did not waste the time of the Court.

It was a euphoric moment as the clients who  had lost in two lower courts and finally won in the Supreme Court, they got their jobs back.

What is your one message to law aspirants and young lawyers for a successful career in litigation?

Law is a profession in which we learn a lot by observing. The pandemic has stultified the learning process of young lawyers since they do not get to observe what is happening in courts. One should watch senior counsels and other counsels argue their cases. That helps you imbibe the skills of advocacy. Observe to absorb.

I always urge young lawyers to opt for litigation which, in my opinion, is more exciting, challenging and satisfying. As litigators, we deal with the grass root problems, which teach us a lot about life. Aspirants who wish to practice on the Criminal side, start your career from the District Courts and practice there for at least 2 years. It will help you to understand the basic procedure of law and the rules of evidence. 

Of course, this is apart from one basic fundamental rule – read. Knowledge is Power. As Justice Frankfurter once said, the best way to be prepared for the law is to be a well-read person. Not just the law, but history, literature, politics, religion, etc. I say from experience that the more I read, the less I know, therefore read. Cultivate the habit of reading, it is a good stress buster.

Lastly I would say, Do your best and don’t be greedy. Don’t rush into anything. Everything takes time and it will come to you at the allotted time. There is no shortcut to success and success is not something that you'll achieve overnight. 

What comes easy goes easy !

Be honest to your conscience, to the Constitution, to the Country and to your client because ultimately, honesty pays.

Never compromise on your integrity and never try to compete with anyone but your own self. Everyone comes with their own fate and destiny in this world. Therefore, work on yourself each day, be better than yesterday.  Be focused, be sincere and be dedicated!