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Is it important to have diversity in the legal professional class of lawyers and judges?

Will it

make for a just legal system? As an aspiring lawyer and the future of this profession, I

believe yes. Categorization or segregation does not necessarily mean division or breaking

down a structure. At times, to have a better look at the scenario one has to use a magnifying

glass and check the problem if any. The division of classes which the question is talking

about, I’ll say is pertinent that everyone should have a representation in a legal field. The

noble profession of law should have better and diverse participation. Needless to say, the

truth of the present system is out there for everyone to see and shudder.

William Cowper, an English poet quoted, “variety’s the very spice of life, that gives it all

its flavor.” sticking on to this quote I believe that diversity is very important for a just

legal profession as well. Different people bring their unique opinions and outlooks to the

table on a matter, which I feel is key to rightly judge a matter. While many organizations

recognize that a diverse and inclusive workforce gives them a competitive advantage

when facing these challenges, the legal profession has generally lagged in the area of

diversity and inclusion. Despite the increased emphasis on diversity and inclusion within

the legal field over the past decade or so, the legal profession remains one of the least

diverse of any profession.

Diversity can be social, economic, geographical, racial, linguistic, or religious. The unity

in the legal fraternity is our strength while these diversities are our power. Promoting

inclusiveness and putting away discrimination will lead to individual and public good.

With more views to consider, chances of any injustice being served is reduced.

Individuals learn from their surroundings; this positive space of new ideas can broaden

their thinking and enable them to be better at what they do. Inclusion allows different
ideas and perspectives. With different opinions and experiences, new ways of resolving a

legal issue can be introduced

The right to equality is a fundamental right provided by the constitution of India. It treats

everybody as equals in matters of public employment. Yet, India has only 3 women

judges in the Supreme Court and 73 in high courts. Men outnumber women in the legal

field. Several cases of injustice against women are filed and heard in these courts every

day. Non-inclusion of female judges are also adding to the gender disparity that comes

from stereotypes set by our patriarchal society and lead to injustice against women.

Former Justice A.K. Sikri of the Supreme Court stressed on the central role of the legal

profession in creating necessary change within itself so that it may foster the changes it

wishes to see in society. Justice Indu Malhotra, the first woman to be elevated to Supreme

Court judgeship from the Bar, stressed on how women had a difficult time maintaining

the work-life balance. She also remarked on the distress women face in networking, a

skill that is important for success in the profession. A more gender sensitive approach is

required for when it comes to providing justice to aggrieved women or uplifting women

in the legal fraternity. Both of which would end in a fair legal system. Senior advocate

Arvind Datar alluded that changes need to be made at the base level of appointment

bodies, like the collegium and in the judicial services exams, so that this may result into

female representation at all levels.

Inclusion of every part of the society is important for impartial inclusiveness. Caste system

has discriminated against certain communities in India for long. Even though the constitution

of India provides for protection against any injustice on the basis of caste, the harsh reality is

that caste system haunts us till date. By including these so-called lower caste communities,

the new generation of this profession will learn to break through of caste norms and all
prejudices attached to it. This will further strengthen the principle of equality before the law

which states everyone as equals in the eyes of the law.

‘An imbalance between the rich and poor is the oldest and most fatal ailment of all

republics’ quoted Plutarch the 1st century Greek historian. In a country like India with

22% of its population below the poverty line, inclusion of talented minds from this

section of society will be useful as it shows the unbiased attitude of the legal community

towards the underprivileged. Equal opportunities will lead to their upliftment and set

examples.

A research was conducted to study human behavior among strangers if asked to mingle.

The study concluded that people who had regional similarities or those who spoke the

same language were more comfortable with each other. Cultural and religious similarities

are also seen to influence connections among people. When a client seeks legal help, it is

very important for the advisor and the client to be comfortable around each other and

communicate. A diverse workforce in a law firm can gain clients and their confidence.

The more the number of clients the more is the market success. This success in the market

will ultimately lead to economic growth.

Including people from less represented areas gives them a voice and also an opportunity

to finally serve in the legal system, making it far more inclusive. Teams with diverse

members often are more creative, innovative, and collaborative. Diversification also

enables members to look into factors and issues that they would’ve otherwise overlooked,

undervalued, or dismissed.

The youth are the citizens of tomorrow. Age gap results in variations in opinions. Gen Z

as we call it can have modern outlook towards matters. The interpretation of law changes

with time and generations. In the early 2000s human rights didn’t include LGBTQ+
rights, but with the decriminalization of section 377 it is now included to the list. Modern

problems require modern solutions. The new generation of the legal community can

contribute towards new interpretations of law to make world a better place to live in.

With power comes responsibility. The responsibility of the legal fraternity to have a just

legal system will be very much benefitted from diverse groups of people joining and

working in the legal sector. Organizations today must rapidly change the legal

environment guided by globalization, generational shifts, and advancing technology.

Without an understanding of where and how these disparities came to be and the

appropriate tools to effectively address them, the problem can not be solved. The legal

field is full of bright minds and it’s time to change as who’s a lawyer or a judge if not one

among us only? If the legal community continues to work together to address these

issues, there is no question that we can and eventually will accomplish our goals of

making a just legal system and working towards the betterment of the society at large by

imparting impartial justice to each section of the society.

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