Harassment and discrimination against woman lawyer in West Bengal: SC issues notice

Harassment and discrimination against woman lawyer in West Bengal: SC issues notice

Background: 

The petitioner, Bina Das, is a woman lawyer practicing in the Kakdwip Sub-Divisional Civil and Criminal Court in West Bengal. In 2019, she filed a suit for declaration and injunction in a local court against the Kakdwip Court Bar Association and its office-bearers. The conflict between Bina Das and the bar association originated when she decided to undergo training as a mediator at the West Bengal Judicial Academy.

Allegations: 

According to the petitioner's plea, the Kakdwip Bar Association demanded that Bina Das resign from her position as a mediator, insisting that she should not be the only one receiving a mediator's fee. However, she refused to comply with their request. As a consequence, the bar association retaliated by issuing a show cause notice against her, accusing her of assaulting three men.

Harassment and Discrimination: 

Bina Das alleges that the bar association, in an attempt to punish her for her decision not to resign, subjected her to relentless harassment and discrimination. Among the grievances listed in her petition are:

  1. Arbitrary Termination: The bar association arbitrarily terminated Bina Das's membership, making it difficult for her to practice in the court premises.

  2. Denial of Facilities: The petitioner claims that she was denied access to the court premises' facilities, including basic amenities such as a public toilet. She was also not allowed to use the visitor's area to work.

  3. Lack of Representation: The woman lawyer was prevented from engaging any legal representation and was not allowed to speak during court proceedings when her case was called out.

  4. Economic Consequences: Due to the harassment and discrimination she faced, Bina Das states that she was effectively deprived of her livelihood as a lawyer.

Legal Proceedings: 

Frustrated with the hostile environment, Bina Das moved an application to transfer her ongoing suit to any court outside of Kakdwip. However, the Calcutta High Court dismissed her petition, opining that she was unlikely to suffer any prejudice in Kakdwip.

Special Leave Petition (SLP): 

Undeterred, Bina Das filed a special leave petition in the Supreme Court against the Calcutta High Court's refusal to transfer her case. The SLP seeks the intervention of the apex court to address the harassment and discrimination she faced from the Kakdwip Court Bar Association.

Current Status: 

A bench of Justices Hrishikesh Roy and Pankaj Mithal heard the SLP and issued notice to the respondents, including the Kakdwip Court Bar Association and its office-bearers. The court scheduled the matter for further hearing in four weeks.

Implications: 

This case has potential implications on the rights and treatment of women advocates in the Kakdwip region of West Bengal. The Supreme Court's decision could set a precedent in addressing issues of gender-based discrimination and harassment within legal professional bodies.

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