The Supreme Court Issues Notice in Plea by Woman Lawyer Accusing West Bengal Bar Association of Harassment and Discrimination
The Supreme Court has issued notice in a plea filed by a woman lawyer against a district bar association in West Bengal’s Kakdwip. The lawyer accuses the bar association of arbitrarily terminating her membership and subjecting her to harassment, including denying her access to the court premises facilities such as the toilet. A bench of Justices Hrishikesh Roy and Pankaj Mithal heard the special leave petition (SLP) filed by the lawyer after the Calcutta High Court refused to transfer her suit filed in a local court in Kakdwip to itself or another court.
Allegations of Harassment and Discrimination
Advocate Shiv Shankar Banerjee, representing the lawyer, stated that the conflict between her and the bar association began when she underwent training as a mediator at the West Bengal Judicial Academy. The bar association asked her to resign from the mediator position, claiming that she was the only one receiving a mediator’s fee. When she refused, the association issued a show cause notice accusing her of assaulting three men. Banerjee argued that the woman lawyer is being denied a livelihood, representation, and basic facilities within the court compound. The bar association, an unregistered body, lacks a complaint cell, making it difficult for her to fight against the entire association.
Delay in Filing Appeal and Court Proceedings
The bench questioned the eleven-month delay in filing the appeal, to which Banerjee explained that it took time for the lawyer to find representation. He emphasized that the harassment she is facing serves as a disincentive for other women in the area wishing to practice law. Banerjee further informed the court that there has been no progress in the suit, as the court has adjourned the hearing on multiple occasions.
Supreme Court’s Order and Advice
In response to the petitioner’s contentions, the bench issued notice returnable in four weeks. However, Justice Roy advised the petitioner to maintain good relationships with colleagues at the Bar, citing Fali Nariman’s book. He emphasized the importance of a harmonious atmosphere in the workplace for both men and women. Banerjee highlighted that only three or four women advocates are suffering, while the men are united.
Background and Case Details
The petitioner, Bina Das, accuses the Bar Association of Kakdwip Sub-Divisional Civil and Criminal Court of terminating her membership and targeting her for refusing to resign as a mediator. She alleges that she is being denied access to the court premises and common facilities, including a public toilet. The special leave petition has been filed against the Calcutta High Court’s refusal to transfer the litigation to itself or another court. The petitioner claims that she was not allowed to engage a lawyer or speak during court proceedings. The case details are as follows: Bina Das @ Bina Halder v. Kakdwip Court Bar Association & Ors. | Dairy No. 21236 of 2023.
Summary:
- The Supreme Court has issued notice in a plea filed by a woman lawyer against a district bar association in West Bengal’s Kakdwip, accusing them of harassment and discrimination.
- The lawyer alleges that the bar association arbitrarily terminated her membership and denied her access to facilities such as the court premises toilet.
- A bench of Justices Hrishikesh Roy and Pankaj Mithal heard the special leave petition after the Calcutta High Court refused to transfer the suit filed by the lawyer.
- The conflict between the lawyer and the bar association arose when she refused to resign from her position as a mediator.
- The lawyer claims she is being denied a livelihood and representation, and the entire bar association has turned against her.
- After a delay in filing the appeal, the bench issued notice and advised the petitioner to maintain good relationships with colleagues.
- The petitioner accuses the bar association of terminating her membership and targeting her for refusing to resign as a mediator.
- The special leave petition has been filed against the Calcutta High Court’s refusal to transfer the litigation to itself or another court.
- The petitioner claims she was not allowed to engage a lawyer or speak during court proceedings.
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